Resolution-PC 2023-025RESOLUTION NO. PC2023-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A VARIANCE TO PERMIT TWO NEW
FREESTANDING SIGNS WITHIN THE ULTIMATE RIGHT-OF-
WAY AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2022-00049)
(88 - 96 EAST ORANGETHORPE AVENUE AND 1600-1632 NORTH LEMON STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a variance to permit two new freestanding signs
within the ultimate right-of-way in conjunction with a request for a conditional use permit to
construct a new 2,350 square foot drive -through restaurant, and a new 3,600 square foot car wash
facility (the "Proposed Project"), on that certain real property located at 88 — 96 East Orangethorpe
Avenue and 1600-1632 North Lemon Street, 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 10 acres in size and consists of
two properties developed as a large commercial retail center occupied by a Walmart Super Center,
an automotive repair business, a vacant retail store, and a Sonic Drive -In restaurant. The project
site is designated for Regional Commercial land uses in the General Plan. The property is located
in the "C-G" General Commercial Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) of the Zoning Code ("the Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 23, 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 the Proposed Project and
to investigate and make findings and recommendations 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 (herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
proposed project are Categorically Exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3
Exemption consists of the construction and location of a limited number of new, small structures
or facilities. These small structures include garages, carports, patios, swimming pools, and
freestanding signs. Pursuant to Section Pursuant to Section 15300.2 (c) and 15303 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 the Proposed Project, does find and determine
the following facts:
SECTION 18.44.080.010
Prohibits Installing a Freestanding Sign
Over an Existing or Future Right -Of -Way
1. There are special circumstances applicable to the Property, including size,
shape, topography, location, or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. The existing non -conforming pylon sign is located within the
ultimate right-of-way. The existing landscape planter is in the ultimate right-of-way and the
parking spaces and drive aisle are located within the required 10-foot setback; and
2. That, because of the special circumstances identified above, strict
application of the Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. The two businesses to the north of this property, the
smog check facility and commercial retail center, each have signs located within the ultimate right-
of-way; and
WHEREAS, the 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 from the findings made in this Resolution. The 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 variance, 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. 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.
- 2 - PC2023-025
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 23, 2023. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
C IRPERSON, PLANNING O MISSION
OF THE CITY OF ANAHEIM'
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-025
EXHIBIT "A"
DEV NO.2022-00049
APN: i
073-090-30
073-090-
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E ORANGETHORPE AVE
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1
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ORANGEFAIR AVE 1
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O 80 100 Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2023-025
EXHIBIT "B"
VARIANCE
(DEV2022-00049)
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OFBUILDING PERMITS
1
The legal property owner shall execute and record a covenant in a form
Planning and
Building Department,
satisfactory to the City Attorney to relocate at the property owner's sole
expense the freestanding monument signs located within the ultimate
Planning Services
right-of-way of Lemon Street (15 feet from the existing property line). The
Division
relocation shall be in accordance with plans and specifications submitted
Public Works
to the City of Anaheim by and at the applicant's sole expense and
Development
satisfaction of the City of Anaheim.
Services
• The Owner shall remove all signs within the ultimate right-of-way
City Attorney s
within 90 days of receiving written notice from the City.
Office
• All obligations, benefits, and provisions of this covenant shall run
with the land and be binding upon and shall inure to the benefit of
the Owner and successors, assignees, and transferees, and shall be
enforceable, at its option, by the City.
• This covenant shall not be amended or terminated without the
written consent of the City.
GENERAL CONDITIONS
2
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Building Department,
maintained in perpetuity. Landscaping shall be replaced in a timely manner
Planning Services
if it is removed, damaged, diseased and/or dead.
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3
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
Planning and
individually and collectively as "Indemnitees") from any and all claims,
Building Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
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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.
PC2023-025
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
4
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and
final invoice or prior to the issuance of building permits for this project,
Building Department,
whichever occurs first. Failure to pay all charges shall result in delays in the
Planning Services
issuance of required permits or may result in the revocation of the approval
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of this application.
5
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department.
Planning Services
Division
PC2023-025
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 October 23, 2023, by the following vote of the
members thereof -
AYES: Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro,
Lieberman, Perez, and Tran-Martin
NOES:
ABSENT: Commissioner Walker
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of October 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-025