Resolution-PC 2014-064RESOLUTION NO. PC2014 -064
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2014 -04967 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00044)
(122 SOUTH EUCLID AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition to approve proposed Variance No.
2014 -04967 to allow wall signs in conjunction with an existing shoe store that do not meet the
Zoning Code in relation to content, number and size (sometimes referred to herein as the
"Proposed Project ") for certain premises located within a commercial retail center commonly
known as 122 South Euclid Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property "); and
WHEREAS, the premises for which Variance No. 2014 -04967 is proposed is located
within a commercial retail center, 1.4 acres in size. The Property is located in the C -G (General
Commercial) Zone, The Anaheim General Plan designates the Property for General Commercial
land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 11, 2014 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 (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Variance No. 2014 -04967 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 finds and determines that the Proposed Project is within that class of projects which
consist of the construction, or placement of minor structures accessory to (appurtenant to)
existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section
15311 (Class 11 — Accessory Structures) 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; and
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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 proposed Variance No. 2014 -04967 to allow wall signs for an
existing retail shoe store that do not meet the Code in relation to content and that exceed the
maximum number and size allowed by the Code, should be approved for the following reasons:
SECTION NOS. 18.44.110.0102 Permitted Number and Size of Wall Signs
AND 18.44.110.0105 (1 wall sign; 90 square feet, on the west
elevation permitted); (2 wall signs with a
total of 108 square feet, on the west
elevation proposed)
SECTION NO. 18.44.110.0107 Content of Sin Display (Name of business
permitted; Specific brand logos proposed)
1. The large store frontage facing Euclid Street is slightly less in lineal feet than the
frontage required for additional wall signs. The building alterations created a large storefront
that is an appropriate location for two wall signs and is a minor deviation from the Code; and
2. The strict application of the Zoning Code would deprive the Property of privileges
enjoyed by other properties under the identical zoning classification in the vicinity of the
Property since other businesses with 100 lineal feet of store frontage are allowed three wall signs.
3. The merchandise logo sign is appropriate in relation to the scale and mass of the
building and is necessary to represent a select number of brand partners.
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 detract 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 the Planning Commission does
hereby approve Variance No. 2014 - 04967, contingent upon and 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(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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BE IT FURTHER RESOLVED, that 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.
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 August 11, 2014. Said Resolution is subject to the appeal provisions set forth in
Section 18.60.130 (Appeals — Planning Commission Decisions) of 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.
IAN, PLANN��OMMISSION
CITY OF AN ARAM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 August 11, 2014, by the following vote of
the members thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 11` day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "All
DEV2014-00044
APN: 250- 091 -17
--I-
W LINCOLN AVE
uz
Source: Recorded Tract Maps and/or CJy GIS.
Please note the accuracy is +I- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2014-04967
(DEV2014- 00044)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnities ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
Indemnities to attack, review, set aside, void, or annul the
decision of the Indemnities 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
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
2
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
3
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
Division
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