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Resolution-PC 2015-076RESOLUTION NO. PC2015-076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3277 (DEV2015-00011) (950-970 NORTH TUSTIN AVENUE) WHEREAS, on August 21, 1990, and subject to certain conditions of approval, the City Council of the City of Anaheim (the "City Council"), by its Resolution No. 90R-326, approved Conditional Use Permit No. 3277 to permit industrially -related office uses in an existing industrial building with waivers of those requirements then contained in the Anaheim Municipal Code (the "Code") related to (1) the maximum number of freestanding signs (1 sign permitted; 3 signs existing), (2) the minimum distance between freestanding signs (300 feet required; 58 feet existing), (3) the maximum number of signs in parking -landscaping areas (1 sign permitted in front 50 -foot setback; 2 signs existing), and (4) the permitted type of sign (marquee (changeable copy) sign not permitted); 1 marquee sign existing) (herein referred to as the "Original CUP") on that certain real property located at 950-970 North Tustin Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the conditions of approval that were the subject of the Original CUP shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, three signs were approved at the Property as a result of the waivers granted pursuant to the Original CUP. One of those signs, which is the subject of the proposed amendment to the Original CUP, was described in the Original CUP as a "30 -foot high double- faced 200 square foot freestanding sign which included approximately 122 square feet of electronic readerboard (marquee/changeable copy) above fixed signage ... used for temperature and time display ... [and] also used for advertising and displaying community service messages" and illuminated during certain hours of each day. As approved by the City Council in 1990, that sign was limited to the "display of [only] advertising or business identification pertaining to the on -premise businesses and/or the time and temperature, and . . . no display of any other changeable copy or advertising ...." (herein referred to as the "Sign"); and WHEREAS, the Sign does not meet the requirements of Chapter 18.44 (Signs) and is considered to be a nonconforming sign under Section 18.56.060 (Nonconforming Signs) of the Code; and WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to amend the Original CUP to allow for the alteration of the Sign and to modify the Previous Conditions of Approval related to the Sign, including the hours of operation (the "Proposed Project"), pursuant to Section 18.56.060 (Nonconforming Signs) of the Code. Said amendment to the Original CUP is designated herein as Conditional Use Permit No. 3277A; and - 1 - PC2015-076 WHEREAS, the Property is approximately 2.94 acres in size and is currently developed with two, two-story office buildings. The Anaheim General Plan designates the Property as Office -Low. The Property is located in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) and, more particularly with respect to the Proposed Project, Section 18.56.060 (Nonconforming Signs) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum on that date, continued to October 19, 2015, 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 proposed Conditional Use Permit No. 2015- 05782 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 Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and (Class 11- Accessory Structures) which consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on -premise signs and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, 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 pertaining to the request for Conditional Use Permit No. 3277A, does find and determine that the evidence presented shows that all of the following conditions exist: 1. That the proposed modifications to the Sign, under the conditions imposed, do not increase the height or area of sign copy and bring the sign closer to conformity with the Code; 2. That the changes proposed improve the aesthetics of the sign; and 3. That the granting of Conditional Use Permit No. 3277A, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. - 2 - PC2015-076 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3277A. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for Conditional Use Permit No. 3277 shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 3277A. The Revised Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 3277A 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 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. - 3 - PC2015-076 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 19, 2015. Said resolution is subject to the appeal provisions set forth in 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. c � z I -"� t , C", -0 , �� - CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 October 19, 2015 by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 19"' day of October, 2015. 112497-v2/TJR SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-076 EXHIBIT "A" DEV NO. 2015-00011 Source: Recorded Tract Maps and/or City GIS. F<,ct Please note the accuracy is +1- two to five feet. - 5 - PC2015-076 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 3277A (DEV2015-00011) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 The developer shall acquire all appropriate permits from the State or other Planning and Building relevant agencies for all work associated with the construction of the sign Department, or modifications to landscape areas adjacent to the SR -91 Freeway. All Planning Services advertising on the sign shall comply with provisions set forth in Sections Divisions 5200-5489 (Outdoor Advertising Act) of the Business and Professions Code. 2 Any relocation of City electronic facilities shall be at the developer's Public Utilities expense. That landscape and/or hardscape screening of all pad -mounted Department, equipment shall be required and shall be shown on plans submitted for Electrical Engineering building permits. 3 An Illumination Study shall be prepared to ensure that the brightness of Planning and Building the sign meets the Department of Transportation (Caltrans) standards. Department, The illumination study is subject to the review and approval of Planning Planning Services Department staff. Division 4 The appropriate permits for the modification of the changeable copy Planning and Building sign shall be obtained from the Building Division. Department, Planning Services Division ON-GOING DURING OPERATIONS 5 The trash storage areas shall be provided and maintained in a location Planning and Building acceptable to the Streets and Sanitation Division and in accordance with Department, approved plans on file with said Division. Planning Services Division 6 The gates shall not be installed across the driveway in a manner which Planning and Building may adversely affect vehicular traffic in the adjacent public street(s). Department, Installation of any gates shall conform to the Engineering Standards and Planning Services shall be subject to the review and approval of the City Traffic Engineer. Division 7 The plans shall be submitted to the Planning Department for review and Planning and Building approval showing conformance with City Standards pertaining to the Department, parking lot design. Subject property shall thereupon be developed and Planning Services maintained in conformance with said plans. Division 8 Any lockable pedestrian and/or vehicular access gates shall be equipped Fire Department with "knox box" devices as required by the Fire Department. - 6 - PC2015-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The proposed office uses shall be limited to the following listed uses Planning and Building and that an unsubordinated covenant, reviewed and approved by the Department, City Attorney's Office, so -limited said uses shall be recorded in the Planning Services office of the Orange County Recorder, a copy of which shall then be Division presented to the Planning Services Division. a. Accounting — booking, certified public accountant firms or temporary CPA Firms b. Advertising c. Appraisers d. Banks e. Brokers — real estate, business opportunities, etc. f. Business system companies g. Communication consultants h. Computer analysis firms i. Credit reporting agencies j. Designers — industrial, interior, graphic k. Development companies 1. Facility maintenance and planning in. Insurance companies or agencies n. Inventory services o. Leasing companies p. Management consultants or companies q. Marketing research r. Personnel agencies s. Quality control analysis t. Sales offices (which serve the industrial area as specified by Code) u. Secretarial or business services v. Any use permitted in the Zoning Code 10 The on-site landscaping and irrigation system shall be maintained in Planning and Building compliance with City standards. Department, Planning Services Division - 7 - PC2015-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The subject property shall be developed substantially in the accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which are on file with the Planning Department; provided Planning Services however, that the changeable copy sign shall display only advertising or Division business identification pertaining to on -premise businesses and/or the time and temperature, and that there shall be no display of any off-site uses, products or services on the changeable copy sign. For the purpose of advertising, an on -premises business shall be defined as a business that leases office space at this location with an on-site employee or employees who are regularly present during business hours. 12 The changeable copy sign shall not be illuminated between the hours of Planning and Building 11:00 p.m. and 5:00 a.m., seven days a week. Department, Code Enforcement Division 13 Each digital image displayed on the sign shall remain static for at least Planning and Building six seconds. All images shall gradually transition from one message to Department, the next and no rapidly flashing images shall be allowed. Code Enforcement Division GENERAL CONDITIONS 14 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 15 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division set aside, void, or 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 - PC2015-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department and as Planning Services conditioned herein. Division - 9 - PC2015-076