Resolution-PC 2008-76RESOLUTION NO. PC2008-76
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 11 AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05321
WITH WAIVERS OF MAXIMUM SIGN AREA, HEIGHT AND WIDTH
(1321 - 138i, 1300 - 13$2 AUTO CENTER DRIVE AND
1221 - 1271 SOUTH PHOENIX CLUB DRIVE -
ANAHEIM AUTO CENTER)
WHEREAS, the Ai3aheim Planning Commission did receive a verified Petition
for Conditional Use Perniit to construcY a 70-foot high freeway-oriented electronic readerboard
sign for Yhe A~~aheim Auto Center Chat is larger, taller and wider tha~~ permitted by Code on
certain real property sihtated in Che City of Anaheim, County of Orange, SYate of Califomia,
shown on ExhibiY A, attached liereto and incorporated herein by Uiis reference.
WHEREAS, the subject property is coniprised oP several properties totaling
approximately 21.6 acres, and developed with multiple automobile dealerships commonly
referred to as Yhe Anaheim Auto Center; and
WHBREAS, tlie subject property is located in tlte General Commercial (C-
G) Zone and tlie Anaheim General Plan designates the property for General Commercial
land uses, and
WHEREAS, LIZe proposed request to construct a 70-foot high freeway-
oriented electronic readerbolyd sign for the Anaheim Auto Center includes waivers of the
following:
(a) SECTION 1$.44.100.030 Maximum sien area. (i25 square feet
permitted; 631 square Feet proposed)
(b) SECTION 18.44.100.030 and Maximum sign height.
18.4~.100.060 (30 feet permitted; 70 feet proposedl
(c) SECTION 18.44.100.030 Maximum sign width.
(15 feeYpermitted; 28 feet proposed)
WHEREAS, tlie Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 4, 2008, at 230 p.m., notice oFsaid public hearing
having been duly given as required by law and in accordance with the provisions of tl~e Anaheim
Mimicipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use perniit and to investigate and make findings and recommendations in connection
therewith; 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
hearii~g, does fnd and deCermi~le Yl~e followiiag facts:
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1. That the freeway-oriented electronic readerboard sign for the Anaheim Auto
Center is properly one for which a conditional use permit is authorized by Analleim Municipal ""
Code Sections 18.44.050.010 and 18.44.100.010.
2. That the freeway-oriented eleckronic readerboard sign would not adversely affect
the adjoining land uses and the growth and development of tlae area in which It is located
because tlie proposed freeway-oriented elecYronic readerboard sign is compatiUle with the
primary use of Yl~e property as a regional auYomobile sales center and that iY replaces an exisCing
sign of a comparable area, height and width; and
3. That no traffic would be geverated by the proposed fieeway-oriented electronic
readerUoard as it is an accessory advertising device for Uie regional automobile sales center and
would not inipose an undue burden upon fhe streets and highways designed and improved to
carry the traffic in the area; and
4. That granTing this conditional use permiY, under the eonditions imposed, will not
be detriia~ental to the healtl~ and safeYy of the citizens of the City of Anaheim; and
5. That waivers (a), (b), and (c) are hereby approved based on the unique topography
oFtlie property, which sits 15 feet below the adjacent freeway grade, and Ylie large size of the
property containing multiple automobile dealerships with limited visibility to the freeway, ~vhich
couditions warrant a larger, caller, and wider sign than permitted by Code in order to ensure
visiUility to tl~e regionally-significant automobile sales center, and further, that tUe proposed
electronic readerboard sign will replace and upgrade an existing electronic readerboard sign of
the san~e l~aight and width and will represent a reduction in the maximum display area.
6. T71aC no one indicated their presence aC said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, tl~e proposed projeat falls wiChin the defnirion of CaCegorical
Exemptions, Class 11 (Accessory Str-uctures) as defined in tlie State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve Conditional Use Pennit No. 2008-05321 with waivers of
maximcuia sign area, heiglit and widtli subject to the conditions of approval described in Exhibit
"B" attaclied hereto and incorporated by [his reference which are hereby found to be a necessary
prerequisite Yo tl~e proposed use of tl~e subject property in order to preserve the health and saPety
of the Citizens of the City ofAnaheim.
BE IT FURTHER RESOLVED fhat this perniit is approved witliout liinitations
on tlae duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment ofPermit Approval) and
18.60.200 (City-fiiitiated Revocation or Modification of Pennits) of the Anaheim Municipal
Code.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
liereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set fortU. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competei~t jurisdiction, Yhen this ResolL~tion, and any agprovals herein conCained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicanY is responsible for paying all
charges related to the processiug of tliis discreYionary case application wifliin 15 days of the
issuance of tlle final invoice or prior to tiie issuance of building permlts for tlais project,
wliichever occurs first. Faili~re to pay all charges shall result in delays in tiie isstiance of required
pennits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
nzeeti~ig of August 4, 2008. Said r~solution is subject to Yhe appeal provisions set forth in
ChapCer 18.60, "Zoning Provisioils - Geveral" of Che Anaheim Mui~icipal Code pertaining Yo
appeal procedures and ~nay be replaced by a City Coimcil Resolution iu the evenY of an appeal.
CHAIl2NIA AN EIM PLAN ING MISSION
ATTEST:_._ ,
ARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY QF ANAHEIM )
I, Grace Medina, Senior Secretary of the Analieina Planning Commission, do
1~ereUy certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on August 4, 2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAICI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have l~ereunto set my hand this __~~ day of
AugusC, 2008.
~- ~ l/~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBTT "B"
CONDITIONAL USE PGRMTT NO. 2008-05321
Responsible for
No. Conditions of Approval Monitoring
PRZOR TO ISSUANCE OFA BUILDING PERMIT
1 Thak the locations for any above-groiind utility devices including, buY noY limited Plamiia~g
to electrical transPonners, water backflow devices, gas, communications,
telecommunications, and cable devices, etc., shaU be shown on plans submitted
for bLiilding permits. Plans shall also identify Che specifie screening treaCments of
each device (i.e. landscape screening, color of walls, materials, identi£ers, access
points, efc.) and sliall be subject Yo the review and approval of the appropriaYe
City departments. Any required relocatioi~ of City electrical faciliCies shali be aC
the developer's expense.
2 That landscape and irrigation plans shall be submitted to tlie Planning Department Planning
indicating a layered landscape in front of the sign, including rapid growing
clingang vines attacl3ed to a trellis aY tlze base of Che sign.
3 T'haY the property owner/developer shall provide t3~e CiYy of Anaheim with a Electrical
puUlic utilities easement around all pad mounted transformers, switclies, Engineering
capacitors, etc. Said easement shall be submitted to Yhe City of Anal~eim prior to
co3niection of electrical service.
GENERAL
4 That tliis property sl~all be served by underground utilities per the Electrical rates, Electrical
rules and regulations. That any relocation of City electrical facilities will be at Engineering
the property owners' expense. Landscape and/or hardscape screeniaig of all pad-
mounted equipment will be required and shall be outside the easement area of tUe
equipment.
5 ThaY on-going during project operation, the property sliall be permananCly Code
maintained in an orderly fashion through the provision oFregular landscaping EnforcemenY
maintenance, removal of trasli or debris, and removal of graffiti within twenty-
four.(24) l~ours from the time of diseovery.
6 That on-going during project operation, the advertisement and display of goods Code
and services on any display surface, including the electronic readerboard and any Enforcement
static display surfaces, shall be limited to tl~ose goods and services that are sold or
rendered on-site. The display or advertisement of goods and services that are not
rendered on-site shall be prohibited.
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Responsible for
No. Conditions of Approval Monitoring
7 Tllat on-going during project operation, all advertising on tlie Freeway-oriented Code
sign shall comply with provisions set forth in Sections 5200-5486 (Outdoor Enforceinent
Advertising Act) of the Business and Professions Code.
8 That on-going during project operation, tlle sign shall be continually maintained Code
in a`9ike new" condition. EnForcement
9 That subjecY property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by project applicant and
wl~icl~ plans are on file with tl~e Flanning DeparCment marked Exhibit Nos. 1
through 6 of Conditional Use Permit No. 2008-05321, and as conditioned herein.
10 T1~aY approval of this application constitutes approval of tlie proposed request Plaiming
only to the extenY tliat iC complies with the Anaheim Municipal Zoning Code and
any oYher applicable City, State and ~ederal 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.
11 That timing for compliauce with conditions of approval may be amended by the
Pla~u~ing Director upan n sl~owing of good cause provided (i) equivalenY timing is
establisl~ed tliat satisf es die original intent and purpose of Yhe condition(s), (ii)
the modification complies with tl~e Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of tlie use
or approved developmenf.
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