Resolution-PC 2013-024RESOLUTION NO. PC2013 -024a
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05659 IN PART
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV20 1 1- 00 143A)
(1801 SOUTH HARBOR BOULEVARD AND
620 -700 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013-
05659 to permit mural window signs (herein referred to as the "Mural Signs ") and two multi -
tenant monument signs integrated within the building architecture (herein referred to as the
"Monument Signs ") of a hotel and pharmacy (the Mural Signs and the Monument Signs shall be
referred to herein collectively as the 'Project') for certain real property located at 1801 South
Harbor Boulevard and 620 -700 West Katella Avenue in the City of Anaheim, County of Orange,
State of California, as more particularly described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.60 -acres on two parcels, is
developed with the Jolly Roger restaurant and a vacant property. The Property is located in the
SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property
for Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 11, 2013 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against said
proposed conditional use permit to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed Project is within that class of projects which consists of
construction or placement of minor structures accessory to existing commercial facilities,
including on- premise signs, and that, therefore, pursuant to Section 15311 of Title 14 of the
California Code of Regulations, the proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA.
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 to permit the Project on the Property bifurcated its
decision on the proposed conditional use permit and, with respect to the Mural Signs, does find
and determine the following facts:
1. That the request to construct the Mural Signs is properly one for which a conditional
use permit is authorized by this Code under Section 18.116.160.030.
2. The proposed Mural Signs will not adversely affect the adjoining land uses, or the
growth and development of the area in which the Mural Signs are proposed to be located because
the Mural Signs are affixed to the windows and will not create any impacts to adjacent
properties.
- 1 - PC2013 -024a
3. The size and shape of the site proposed for the Mural Signs is adequate to allow the
full development of the proposed Mural Signs in a manner not detrimental to either the particular
area or health and safety. The Mural Signs will be located on the windows and will not be
detrimental to the health and safety of individuals on or off the property.
4. The traffic generated by the proposed Mural Signs, if any, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area. The
addition of these Mural Signs will not create any additional traffic trips for the hotel or pharmacy
uses.
5. The granting of the conditional use permit, in part with respect to the Mural Signs,
under the conditions imposed will not be detrimental to the health and safety of the citizens of
the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim, based upon the foregoing findings and recitals, as follows:
1. The Planning Commission does hereby approve Conditional Use Permit No. 2013-
05659, in part with respect to the Mural Signs, subject to compliance with the conditions of
approval described 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 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 conditions, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
2. Any amendment, modification or revocation of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
3. The 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.
4. Approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Zoning Code of the City of Anaheim 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.
5. The applicant is responsible for paying all charges related to the processing of this
discretionary case application within 15 days of the issuance of the final invoice. Failure to pay
all charges shall result in the revocation of the approval of this application.
-2- PC2013 -024a
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
Ufa (2qm'
CHAIR, ANAHEIM CITY PL NNING COMMISSION
ATTEST:
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on March 11, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I I th day of March, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2013 -024a
EXHIBIT "A"
DEV NO. 2011- 00143A
APN:
137- 161 -11
137- 161 -13
W KATELLA AVE
56fi'
0
m
M
m 266' m
m N
1
50'
O Q
LIl >
J
CID
268' �
O
- m
'c� a
S
an
®' Source. Recorded Tract Maps and /or City GIS-
r Please note the accuracy is +/- gvo to five feet.
-4- PC2013 -024a
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2013-05659
(DEV2011- 00143A)
-5- PC2013 -024a
REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
ONGOING DURING PROJECT OPERATION
1
The window graphics shall be located on the windows as
Planning
shown on the sign plans and shall consist of images which
Department,
reference the business but may not contain any text
Planning
whatsoever.
Services
2
The business operator shall obtain approval from the City
Planning
Planning Director prior to changing the window mural sign
Department,
images.
Planning
Services
3
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City
Department,
of Anaheim by the petitioner and which plans are on file with
Planning
the Planning Department, and as conditioned herein.
Services
4
Extensions for further time to complete conditions of approval
Planning
may be granted in accordance with Section 18.60.170 of the
Department,
Anaheim Municipal Code.
Planning
Services
5
That timing for compliance with conditions of approval may
Planning
be amended by the Planning Director upon a showing of good
Department,
cause provided (i) equivalent timing is established that
Planning
satisfies the original intent and purpose of the condition(s), (ii)
Services
the modification complies with the Anaheim Municipal Code
and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
6
Approval of this application constitutes approval of the
Planning
proposed request only to the extent that complies with the
Department,
Anaheim Municipal Zoning Code and any other applicable
Planning
City, State and Federal regulations. Approval does not include
Services
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
-5- PC2013 -024a
RESOLUTION NO. PC2013 -024b
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05659 IN PART
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2011- 00143A)
(1801 SOUTH HARBOR BOULEVARD AND
620 -700 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 201.3-
05659 to permit mural window signs (herein referred to as the "Mural Signs ") and two multi -
tenant monument signs integrated within the building architecture (herein referred to as the
"Monument Signs ") of a hotel and pharmacy (the Mural Signs and the Monument Signs shall be
referred to herein collectively as the "Project') for certain real property located at 1801 South
Harbor Boulevard and 620 -700 West Katella Avenue in the City of Anaheim, County of Orange,
State of California, as more particularly described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.60 -acres on two parcels, is
developed with the Jolly Roger restaurant and a vacant property. The Property is located in the
SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property
for Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 11, 2013 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against said
proposed conditional use permit to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed Project is within that class of projects which consists of
construction or placement of minor structures accessory to existing commercial facilities,
including on- premise signs, and that, therefore, pursuant to Section 15311 of Title 14 of the
California Code of Regulations, the proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA.
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 to permit the Project on the Property bifurcated its
decision on the proposed conditional use permit and, with respect to the Monument Signs, does
find and determine the following facts:
1. That the request to construct the Monument Signs is properly one for which a
conditional use permit is authorized by this Code under Section 18.116.160.040(F).
2. The proposed Monument Signs will not adversely affect the adjoining land uses, or
the growth and development of the area in which is the Monument Signs are proposed to be
- 1 - PC2013 -024b
located because the Monument Signs are integrated with the building and will not create any
impacts to adjacent properties.
3. The size and shape of the site proposed for the Monument Signs is adequate to allow
the full development of the proposed Monument Signs, in a manner not detrimental to either the
particular area or health and safety. The Monument Signs will not be located in the public right -
of -way and will not be detrimental to the health and safety of individuals on or off the property.
4. The traffic generated by the proposed Monument Signs, if any, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area. The addition of these Monument Signs will not create any additional traffic trips for the
hotel or pharmacy uses.
5. The granting of the conditional use permit, in part with respect to the Monument
Signs, under the conditions imposed will not be detrimental to the health and safety of the
citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim, based upon the foregoing findings and recitals, as follows:
1. The Planning Commission does hereby approve Conditional Use Permit No. 2013-
05659, in part with respect to the Monument Signs, subject to compliance with the conditions of
approval described 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 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 conditions, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
2. Any amendment, modification or revocation of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
3. The 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.
4. Approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Zoning Code of the City of Anaheim 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.
5. The applicant is responsible for paying all charges related to the processing of this
discretionary case application within 15 days of the issuance of the final invoice. Failure to pay
all charges shall result in the revocation of the approval of this application.
-2- PC2013 -024b
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
U Lt ovaV
CHAIR, ANAHEIM CITY P� COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on March 11, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: AGARWAL, BOSTWICK
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I I 1 day of March, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2013 -024b
EXHIBIT "A"
DEV NO. 2011- 00143A
APN:
137 - 161 -11
137- 161 -13
W KATELLA AVE
566'
0
m
268'
M
" n
50'
b
J
m
268' �
co co
Uhl
4
m . Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is /- two to five feet.
-4- PC2015 -024b
EXHIBIT "B"
CONDITIONAL USE PERNHT NO. 2013-05659
(DEV2011- 00143A)
-5- PC2013 -024b
REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
ONGOING DURING PROJECT OPERATION
1
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City
Department,
of Anaheim by the petitioner and which plans are on file with
Planning
the Planning Department, and as conditioned herein.
Services
2
Extensions for further time to complete conditions of approval
Planning
may be granted in accordance with Section 18.60.170 of the
Department,
Anaheim Municipal Code.
Planning
Services
3
That timing for compliance with conditions of approval may
Planning
be amended by the Planning Director upon a showing of good
Department,
cause provided (i) equivalent timing is established that
Planning
satisfies the original intent and purpose of the condition(s) (ii)
Services
the modification complies with the Anaheim Municipal Code
and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
4
Approval of this application constitutes approval of the
Planning
proposed request only to the extent that complies with the
Department,
Anaheim Municipal Zoning Code and any other applicable
Planning
City, State and Federal regulations. Approval does not include
Services
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
-5- PC2013 -024b