Resolution-PC 2007-106•
RESOLUTION NO. PC2007-106
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A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05221 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF CITY COUNCIL
RESOLUTION NO. 2000R-67
(1303-1371 NORTH EUCLID STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 80-234 AS SHOWN ON A MAP
FILED IN BOOK 150, PAGES 2 AND 3 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORIVIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA, RECORDED JLTNE 23, 1999 AS
INSTRUMENT NO. 19990465854 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL
2 SOLJTH 80°33'00" EAST 100.00 FEET; THENCE SOiJTH 09°27'00" WEST
0.75 FEET TO A LINE PARALLEL WTTH AND 0.75 FEET SOUTHERLY OF
SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL 80°33'00"
WEST 99.87 FEET TO THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 00°13'40" WEST 0.76
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 23, 2007, at 2:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
conditional use pernut and to investigate and make findings and recommendations in connection
therewith; and that said public hearing was continued to the September 5, and September 17, 2007
public hearing; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the freeway-oriented sign in conjunction with an existing automotive sales
dealership is properly one for which a conditional use permit is authorized by the Anaheim
Municipal Code Section 18.44.050.010.0103 (Freeway-oriented Signs) with waivers of the
following provisions:
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SECTION NO. 18.44.100.010
SECTION NO. 18.44.100.030.0301
SECTION NO. 18.44.100.060
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Minimum lot size of an automotive
dealership to permit a freeway-oriented
sign.
(10 acres required; 6_4 acres proposed)
M~imum area for the face of a si r~i.
125 s.f. permitted; not to exceed 600
s.f. proposed)
Maximum permitted hei h~ t of a
freeway-oriented si r~i.
(30 feet permitted; 75 feet proposed)
2. That the waiver pertaining to minimum lot size of an automotive dealership to permit
a freeway-oriented sign is hereby approved as the property is adjacent to two (2) public rights-of-
way (Medical Center Drive and Euclid Street) to the south and east, a freeway right-of-way to the
north and a retirement facility to the east. Therefore, there is minimal area for the property to
expand to comply with the minimum ten (10) acre requirement.
3. That the waiver pertaining to m~imum area for the face of a sign is hereby approved
as the malcimum Code permitted area would not be proportional to the height of the sign.
Furthermore, the visibility of the sign decreases as the distance from the sign increases, which
would limit the ability of drivers to view the sign in the furthest westbound lanes of the SR-91
Freeway. That it would be appropriate for the sign to exceed the maximum area but only to an area
that is proportional to the approved sign height.
4. That the waiver pertaining to maximum permitted height of a freeway-oriented sign
is hereby approved as there is an approximately 30-foot high grade difference between the property
and the freeway which limits the visibility of the sign to drivers on the SR-91, and the m~imum
30-foot height per the Code would result in the sign not being visible. The 75-foot height would
allow for drivers on the SR-91 Freeway eastbound and westbound to adequately view the sign.
5. That the request for an electronic readerboad sign is hereby denied as the Planning
Commission found the electronic readerboard unnecessary to adequately advertise and provide
visibility for the automotive dealership.
6. That the size and shape of the site is adequate to allow for the freeway-oriented sign,
and that a waiver of minimum lot area is necessary to permit the freeway sign.
7. That the granting of the conditional use permit to allow the freeway-oriented sign,
even under the conditions imposed, if any, will not be detrimental to the health and safety of the
citizens.
8. That two people indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4177 is adequate to serve as
the required environmental documentation in connection with this request.
NOW, THEREFORE, BE TT RESOLVED that the Anaheim Planning Commission does
hereby approve the modification to Conditional Use Permit No. 4177 to permit a freeway-oriented
sign.
BE IT FURTHER RESOLVED that Anaheim City Planning Commission does hereby
amend the conditions of approval of City Council Resolution No. 2000R-67, pertaining to
Conditional Use Permit No. 4177, as follows:
That final sign plans, and a colors and materials board, shall be submitted to the Planning
Services Division for Planning Commission review as a"Reports and Recommendations" item.
2. That the freestanding freeway oriented sign shall not exceed a height of 75 feet and a sign face
azea not to exceed 600 square feet, in proportion to the height of the sign.
3. That any relocation of City electronic facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall
be shown on plans submitted for building pernuts.
4. That the developer shall acquire all appropriate permits from the State or other relevant agencies
for all work associated with the construction of the sign or modifications to landscape areas
adjacent to the SR-91 Freeway. All advertising on the sign shall comply with provisions set forth
in Sections 5200-5489 (Outdoor Advertising Act) of the Business and Professions Code.
5. That the sign shall be continually maintained in a"like new" condition.
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on ~le with the Planning
Department mazked Exhibit Nos. 1, 2 and 3 and as conditioned herein.
7. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
8. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s), (ii) the modification complies with
the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
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BE TT FURTHER RESOLVED that, except as amended herein, City Council Resolution
No. 2000R-67 shall remain in full force and effect.
BE TT FURTHER RESOLVED that the applicant is responsible for paying a11 charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice.
THE FOREGOING RESOLLITION was adopted at the Planning Commission meeting of
September 17, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
/ , ~' ,,
~~~~ ?~. ~r~'~, `~---
CHAIRN~AN, ANAHEIM PLAI~N~I~TG CONIMISSION
;~,
ATTEST:
SECRETARY, ANAHEIM PLANNING CONIlVIISSION
STATE OF CALIFOR1vIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 17, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
L1 , 2007.
~. w' U~~ ~C.<it-(f'l v1,
SECRETARY, ANAHEIM PLANNING COMMISSION
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