Resolution-PC 2016-019RESOLUTION NO. PC2016-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05839 AND
VARIANCE NO. 2015-05048 TO PERMIT A REGIONAL GUIDE SIGN
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00118)
(1200 SOUTH PHOENIX CLUB DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05839
and Variance No. 2015-05048 to permit a freestanding regional guide sign, with a height and
width more than permitted by the Anaheim Municipal Code (the "Code") for the Phoenix Club
(the" "Proposed Project"), to be located on a portion of property owned by the Orange County
Water District (OCWD) at 1200 South Phoenix Club Drive 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 OCWD Property is approximately 6.48 acres in size and is currently
undeveloped. The Anaheim General Plan designates the Property for Open Space land uses. The
Property is located within the "T" Transition Zone. As such, the Property is subject to the zoning
and development standards described in Chapter 18.14 (Public and Special -Purpose Zones) of
the Code; and
WHEREAS, notice of a public hearing to be held by the Planning Commission at the
Civic Center in the City of Anaheim on February 22, 2016 at 5:00 p.m., was 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. 2015-05839
and Variance No. 2015-05048, and to investigate and make findings and recommendations in
connection therewith. The public hearing was continued by the Planning Commission to March
7, 2016 at 5:00 p.m.; 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 effects of the Proposed Project are typical of those
generated within that class of projects (i.e., Class 11 — Accessory Structures) which consists of
the 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 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; 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 the request for Conditional Use Permit No. 2015-05839, does find
and determine the following:
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1. The proposed request to permit a "regional guide sign", as defined in Subsection
.430 of Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of the Code, in the "T"
Transition Zone is properly one for which a conditional use permit is authorized under Section
18.44.050.010.0102 of the Code.
2. The proposed request to permit a regional guide sign for an existing regional facility
would not adversely affect the surrounding land uses and the growth and development of the area
in which it is proposed to be located because the Property is vacant, there is no illumination
proposed for the sign, and the surrounding properties are vacant and commercial.
3. The size and shape of the site is adequate to allow the full development of the
proposed regional guide sign in a manner not detrimental to the particular area nor to the health,
safety and general welfare of the public because the Property is vacant.
4. The traffic generated by permitting the regional guide sign would 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 Phoenix Club site would not change
and the proposed regional guide sign will not increase traffic in the vicinity.
5. The granting of Conditional Use Permit No. 2015-05839 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The facility has operated in this location since 1992 and has proven to be a compatible use in the
area. The replacement of a previous sign and the addition of a regional guide sign in the same
location would be consistent and compatible with surrounding uses.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2015-05048 to allow a freestanding regional guide sign with a height
and width more than permitted by Code should be approved for the following reasons:
SECTION NO. 18.44.090.020.0201 Maximum heieht and width of a freestandine
Sian.
(8 feet high by 8 feet wide permitted;
10 feet high by 12 feet wide proposed)
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity because:
a. There has been a similar sign located on the property for about 10 years through a land
lease with the OCWD, which was closer to the property line and of approximately the
same height and width. Even though the previous sign did not have a permit, no code
complaints were received.
b. There is an existing five-foot tall chain link fence along the property frontage that
limits visibility below five feet. As such, the bottom of the sign face is located at the
top of the chain link fence, with a five foot tall sign face and five feet of open metal
frame behind the fence.
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c. The proposed size and location of the sign would allow for improved visibility for
motorists traveling in both the eastbound and westbound directions on Ball Road,
thereby improving wayfinding to the Phoenix Club property two blocks to the south,
which is not visible from Ball Road. In addition, visibility of the regional guide sign is
limited for visitors traveling eastbound on Ball Road because the road curves sharply
to the right, slopes downhill, and the existing car dealer signs on the south side of Ball
Road create a visual obstruction as visitors approach the intersection.
d. The sign plan proposes copy text that is larger, cleaner, and easier to read from a
distance than the previous sign, thereby creating more visible and effective
wayfinding directions to the site.
2. That, because of the special circumstances, shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity because visibility of the proposed regional guide sign is
limited for travelers in the eastbound traffic lanes on Ball Road due to a sharp curve, downhill
slope, and car dealer sign obstructions on the south side of Ball Road as visitors approach the
intersection. With a variance, the property owner would be allowed to identify this regionally -
significant business in a manner that is compatible with the surrounding businesses in the
vicinity.
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, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05839 and
Variance No. 2015-05048, contingent upon and subject to the conditions of approval set forth 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 that portion of the Property for which
Conditional Use Permit No. 2015-05839 and Variance No. 2015-05048 is applicable 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
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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 March 7, 2016. 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��Lj., � �� -
CHAM, 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 March 7, 2016, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2016.
1N WITNESS WHEREOF, I have hereunto set my hand this 7`h day of March,
G('.' /?Z�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00118
0 �oC Source: Recorded Tract Maps and/or City GIS.
V 77 Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05839 AND
VARIANCE NO. 2015-05048
(DEV2015-00118)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
SIGN CONDITIONS OF APPROVAL
1.
Any banners affixed to the freestanding sign shall be permitted
Planning and Building
through the Special Event Permit process.
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
2.
The applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Division
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.
3.
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
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.
4.
The subject Property shall be developed, used and maintained
Planning and Building
substantially in accordance with plans and specifications submitted
Department,
to the City of Anaheim by the petitioner and which plans are on file
Planning Services
with the Planning Department, and as conditioned herein.
Division
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