Resolution-PC 2023-006RESOLUTION NO. PC2023-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A MINOR CONDITIONAL USE
PERMIT TO MODIFY EXISTING ELECTRONIC READERBOARD
SIGNS IN CONJUNCTION WITH AN AUTOMOTIVE -VEHICLE
SALES, LEASE, AND RENTAL FACILITY AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2022-00073)
(5635 East La Palma Avenue)
WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning
Commission") did receive a verified petition to approve a minor conditional use permit to modify
existing electronic readerboard signs (the "Proposed Project") in conjunction with approval of a
conditional use permit to permit an Automotive -Vehicle Sales, Lease, and Rental facility, on
certain real property located at 5635 East La Palma Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the 'Property"); and
WHEREAS, the Property is approximately 5.52 acres in area and is currently
developed with a movie theater building, parking structure, and two restaurant buildings, one of
which has a drive-through. The property is in the "SP2015-1" Anaheim Canyon Specific Plan in
Development Area 5 (DA5) and the General Plan designates the property for General Commercial
land uses. The development standards and regulations of Chapter 18.120 (Anaheim Canyon
Specific Plan) of the Anaheim Municipal Code (the "Code") apply to the Proposed Project; and
WHEREAS, electronic readerboard signs require a minor conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .0101 of Section
18.44.045 (Minor Conditional Use Permit Required). If approved, the subject minor conditional
use permit will permit the modification of two existing electronic readerboards for the proposed
Automotive -Vehicle Sales, Lease, and Rental Facility currently being requested in a separate
conditional use permit request in connection with the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 27, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed minor
conditional use permit and to investigate and make findings and recommendation in connection
therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301— Existing Facilities. Specifically, the readerboards are
existing and will not be enlarged or modified beyond aesthetic alterations, the signs will not
adversely affect the adjoining land uses, they are not anticipated to cause any detriment to the
health and safety of the particular area, and will not impose an undue burden upon the roadways.
Therefore, staff has determined that this would be a negligible expansion of the use. Pursuant to
Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the proposed project for which staff would anticipate a
significant effect on the environment and, therefore, the Proposed Project would be categorically
exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for a minor conditional use permit, does find and determine the
following facts:
1. The Proposed Project is properly one for which a minor conditional use permit is
authorized as an allowable use within the Anaheim Canyon Specific Plan under subsection .0101
of Section 18.44.045 (Minor Conditional Use Permit Required) of Chapter 18.44 (Signs) of the
Code, subject to a minor conditional use permit to allow for electronic readerboard signs. The two
existing signs were approved under a separate conditional use permit for a movie theater. The
request to modify the existing readerboards is permitted by a minor conditional use permit if the
tenant is considered the major tenant of a minimum three -acre site. The proposed Automotive -
Vehicle Sales, Lease, and Rental facility will be operating out of the largest building on the 5.52 -
acre site.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area because the electronic readerboards
are existing and would only be modified to enhance the aesthetic nature and not increase the size
of the signable area. The Proposed Project would be consistent in use and would operate similarly
to the adjacent commercial uses in the area.
3. The size and shape of the site are adequate to allow the full operation of the
Proposed Project in a manner not detrimental to either the particular area nor to the health and
safety of the public because the electronic readerboards are existing and have been in operation
since 2016. The proposed modifications to the signs are considered aesthetic in nature and the
signable area for advertisement will not increase.
4. The granting of the minor conditional use permit will not generate additional traffic
and would not impose an undue burden upon the streets and highways, as they are designed and
improved to carry the anticipated traffic generated by the Proposed Project. Additionally, the site
will not exceed the anticipated volumes of traffic or daily trips, as the City Traffic Engineering
- 2 - PC2023-006
Department has confirmed the findings through the review of a project -specific Trip Generation
Memo and Vehicle Miles Traveled (VMT) Screening Evaluation.
5. The granting of the minor conditional use permit would not be detrimental to the
health and safety of the citizens of the City of Anaheim because the Proposed Project would be
compatible with the commercial uses in the surrounding area, subject to compliance with the
conditions contained herein; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the minor conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein
by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property for which the minor conditional use permit is applicable in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
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, (ii) the modification complies with the Code, and (iii)
the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
- 3 - PC2023-006
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 27, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
VICE CHAIRPEP
J.S, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-006
EXHIBIT "A"
DEV NO. 2022-00073
E LA PALMA AVE
U a sa mo
v
reec
r,
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/_ two to five feet.
PC2023-006
EXHIBIT `B"
Minor Conditional Use Permit
(DEV2022-00073)
PC2023-006
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO BUILDING PERMIT ISSUANCE
The appropriate permits for the modification of the electronic
Planning and Building
readerboard signs shall be obtained from the Building Division.
Department,
1
Planning Services
Division
ON-GOING DURING OPERATIONS
The electronic readerboard signs shall not be illuminated
Planning and Building
between the hours of 11:00 p.m. and 5:00 a.m., seven days a
Department,
2
week.
Planning Services
Division
The electronic readerboard displays shall be limited to the
Planning and Building
advertisement of goods and services offered by the Automobile-
Department,
Vehicle Sales, Lease, and Rental facility only. Each digital
3
image displayed on the sign shall remain static for at least six
Planning Services
seconds. All images shall gradually transition from one
Division
message to the next and no rapidly flashing images shall be
allowed.
The wall -mounted electronic readerboard sign display shall
Planning and Building
4
only be operated when the Automobile -Vehicle Sales, Lease,
Department,
and Rental facility is open for business.
Planning Services
Division
Signs, banners, balloons or other advertising devices shall only
Planning and Building
be permitted to the extent allowed by the Zoning Code and the
Department,
5
minimum identification required by the California Department
Planning Services
of Motor Vehicles.
Division
GENERAL
6
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services
perpetuity. Landscaping shall be replaced by the applicant in a
Division
timely manner if it is removed, damaged, diseased, and/or dead.
PC2023-006
PC2023-006
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days
Department,
of the issuance of the final invoice or prior to the issuance of
Planning Services
building permits for this project, whichever occurs first. Failure
Division
to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval
of this application.
8
The business and all proposed modifications to the electronic
Planning and Building
readerboards shall be operated in accordance with the Letter of
Department,
Request and Operation submitted as part of this application. Any
Planning Services
changes to the business operation and modifications to the
Division
electronic readerboards as described in these documents shall be
subject to review and approval by the Planning Director to
determine substantial conformance with these documents, to
determine that adequate parking shall continue to be provided
for onsite uses, and to ensure compatibility with the surrounding
uses.
9
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services
"Indemnitees") from any and all claims, actions or proceedings
Division
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
10
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
PC2023-006
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on February 27, 2023, by the following vote of the
members thereof:
AYES: Vice Chairperson Henninger, Commissioners Castro, Lieberman, Mouawad, Perez,
and Walker
NOES: None
ABSTAIN: None
ABSENT: Chairperson Kring
IN WITNESS WHEREOF, I have hereunto set my hand this 27"' day of February 2023,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-006