Resolution-PC 2013-092RESOLUTION NO. PC2013 -092
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4177
(DEV2013- 000112)
(13 31 NORTH EUCLID STREET)
WHEREAS, on February 14, 2000, and subject to certain conditions of approval, the
Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by
its Resolution No. PC2000 -17, did approve Conditional Use Permit No. 4177 to permit an auto
dealership with accessory auto repair services and a freeway- oriented sign (herein referred to as
the "Original CUP ") on that certain real property located at 1331 North Euclid Street in the City
of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property "); and
WHEREAS, on July 23, 2007, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2007 -106, did approve an amendment to the Original CUP
to permit a freeway- oriented sign for an auto dealership; and
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Conditional Use Permit No. 4177A to amend the Original CUP to modify an existing 75 -foot
high, freeway- oriented auto dealership sign by adding an electronic readerboard display,
pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property;
and
WHEREAS, the Property is approximately 7.0 -acres in size and is developed with an
automobile dealership, Miller Toyota of Anaheim. The Property is located in the CG (General
Commercial) zone and the Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, on December 16, 2013, the Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given
as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60
of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
4177A, and 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
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; 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 pertaining to the request for Conditional Use Permit No. 4177A, does find and
determine the following facts:
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1. The request to modify an existing freeway- oriented sign for an existing
auto dealership is properly one for which a conditional use permit is authorized under
Section 18.44.050.010.0101.06 (Marquee or Electronic Readerboard Signs) of the Code.
2. The freeway- oriented electronic readerboard sign will not adversely affect
the surrounding land uses, or the growth and development of the area in which it is
proposed to be located because the operational characteristics of the sign will ensure that
negative aesthetic impacts to the surrounding community are avoided.
3. The size and shape of the site for the electronic readerboard sign is
adequate to allow the full development of the proposed use, in a manner not detrimental
to either the particular area or health and safety because the proposed modification would
not increase the height or size of the existing 75 -foot high, 342 - square foot sign and the
applicant has taken several steps to minimize the aesthetic impacts of the sign.
4. The traffic generated by the addition of the electronic readerboard sign
will not impose an undue burden upon the streets and highways designed and improved
to carry the traffic in the area because the number of vehicles entering and exiting the site
is consistent with typical auto dealerships located on an arterial highway within the C -G
(General Commercial) zone.
5. The granting of Conditional Use Permit No. 4177A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will provide a land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 4177A, subject to 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 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 Conditional Use Permit No. 4177A are approved
without limitations on the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 4177A
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.
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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 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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that except as amended herein, all conditions of approval
contained in Resolution Nos. PC2000 -17 and PC2007 -106 shall remain in full force and effect.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 16, 2013. 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 resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CITY PLA G COMMISSION
ATTEST:
SENIOR S'`ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 December 16, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD,
SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013.
�.P_GtLi1 �
SENIOR S -ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00112
APN: 072 - 150 -78
072 - 150 -68
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Source: Recorded Tract Maps and /or City GIS.
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Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 4177A
(DEV2013- 00112)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO
ISSUANCE OF BUILDING PERMIT
1
The developer shall acquire all appropriate permits from the State
Planning
or other relevant agencies for all work associated with the
Department,
construction of the sign or modifications to landscape areas
Planning
adjacent to the SR -91 Freeway. All advertising on the sign shall
Services
comply with provisions set forth in Sections 5200 -5489 (Outdoor
Divisions
Advertising Act) of the Business and Professions Code.
2
Any relocation of City electronic facilities shall be at the
Public
developer's expense. That landscape and/or hardscape screening
Utilities
of all pad - mounted equipment shall be required and shall be
Department,
shown on plans submitted for building permits.
Electrical
Engineering
GENERAL CONDITIONS
3
The readerboard portion of the sign shall not be illuminated
Planning
between 11:00 p.m. and 5:00 a.m., seven days a week.
Department,
Code
Enforcement
Division
4
Each digital image displayed on the sign shall remain static for
Planning
at least six seconds, all images shall gradually transition from
Department,
one message to the next and no rapidly flashing images shall be
Code
allowed.
Enforcement
Division
5
The illumination of the sign shall be in conformance with the
Planning
conclusions contained in the Illumination Study prepared by
Department,
John Muse & Associates dated November 25, 2013. Any
Planning
proposed modification to the illumination levels shall be subject
Services
to the review and approval of Planning Department staff.
Division
6
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
Department,
of the issuance of the final invoice or prior to the issuance of
Planning
building permits for this project, whichever occurs first. Failure
Services
to pay all charges shall result in delays in the issuance of
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required permits or may result in the revocation of the approval
of this application.
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7
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
Department,
(collectively referred to individually and collectively as
Planning
"Indemnitees ") from any and all claims, actions or proceedings
Services
brought against Indemnitees to attack, review, set aside, void, or
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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.
8
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant and which plans are on file with the Planning
Planning
Department and as conditioned herein.
Services
Division
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