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Resolution-PC 2015-018RESOLUTION NO. PC2015 -018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015 -05005 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015- 00016) (1801 EAST KATELLA 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. 2015- 05005 to allow two additional wall (awning) signs at an existing restaurant that exceed the number and size than permitted by the Zoning Code (sometimes referred to herein as the "Proposed Project ") for certain premises located at a mixed -use project commonly known as 1801 East Katella Avenue, #1001 in the City of Anaheim, County of Orange, State of California (the "Property "); and WHEREAS, the Property is a part of 6.2 acre mixed- use project, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located within the "I" Industrial and the Platinum Triangle Mixed Use Overlay (PTMU) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 9, 2015 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. 2015 -05005 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 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. 2015 -05005 to wall signs for an existing restaurant that does not meet the Code in relation to the maximum number and size allowed by the Code, should be approved for the following reasons: - 1 - PC2015 -018 SECTION NOS. 18.44.110.0102 AND 18.44.110.0105 Permitted Number and Size of Wall Signs (1 wall sign; 21 square feet, on the south elevation and 1 wall sign; 88 square feet on the east elevation permitted); (2 wall signs; 40 square feet, on the south elevation and 3 wall signs; 40 square feet on the east elevation proposed) 1. The store frontage facing Katella Avenue is slightly less in lineal feet than the frontage required for the size of the 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 a retail center in the area has wall signs that exceed the Code requirement in relation to size. 3. The wall signs are appropriate in relation to the large property and are consistent with other wall signs in the immediate area. 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. 2015- 05005, 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. 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 -2- PC2015 -018 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 March 9, 2015. 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. CHA RMAN, PLANNI MMISSION QP TOE CITY OF AN HE ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 March 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9 1h day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -018 EXHIBIT "A" DEV NO. 2015-00016 E KATELLA AVE n 0 0 5" lab Feet Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2015 -018 EXHIBIT "B" VARIANCE NO. 2015-05005 (DEV2015- 00016) 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 -5- PC2015 -018