Resolution-PC 2016-064RESOLUTION NO. PC2016-064
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIROMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2016-05869
(DEV2016-00029)
(5635 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05869
to refurbish a changeable copy marquee sign with a freestanding pylon sign with an electronic
readerboard for an existing multi-plex movie cinema (the "Proposed Project") on that real
property located at 5635 East La Palma 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, this property is approximately 5.52 acres in size and is currently
developed with a 1,795 -seat, 13 -screen movie theater, retail stores, and restaurants. The
Anaheim General Plan designates the Property for "General Commercial" land uses. The
Property is located in the SP2015-1, Development Area 5 (Anaheim Canyon Specific Plan Area,
Commercial Area) Zone, meaning that the Property is subject to the zoning and development
standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 22, 2016 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 the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2016-05869, 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 (Title 14 of the California Code of Regulations; 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; and
WHEREAS, 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 construction, or placement 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 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
PC2016-064
WHEREAS, said 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 Proposed Project and, specifically, with respect to the request for
Conditional Use Permit No. 2016-05869, does find and determine the following facts:
1. The applicant's proposal to refurbish a changeable copy marquee sign with
an electronic readerboard sign in the SP2015-1 (Anaheim Canyon Specific Plan Area) Zone is
properly one for which a conditional use permit is authorized by this code under Section
18.44.050.010.0101.03 of the Anaheim Municipal Code.
2. The refurbished sign will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located as the existing movie
theater has demonstrated compatibility with the surrounding area and the addition of an
electronic readerboard sign will not create any adverse impacts because the surrounding
properties are industrial and commercial areas. In addition, the proposed sign will provide a
modern look (in contrast to the existing sign) with contemporary architectural material for the
supports and an LED display for movie show times that will be easier to change and read.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim.
4. The traffic generated by the request will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. The granting of the conditional use permit 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.
WHEREAS, this 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. This 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. 2016-05869,
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. 2016-
05869 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
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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.
BE IT FURTHER RESOLVED, that this permit is 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 to Permit Approval) and
18.60.200 (City -Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 22, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
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CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 22, 2016 by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, HENNINGER, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00029
APN:346-281-03
W
m
Q
E LA PALMA AVE
Y cs Source Recorded Tract Maps and/or City GIS
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05869
(DEV2016-00029)
CONDITIONS OF APPROVAL I RESPONSIBLE
NO. DEPARTMENT
GENERAL CONDITIONS
1
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department
and as conditioned herein.
Planning Services
Division
2
The appropriate building permits shall be obtained for the
Planning and Building
refurbishment of the freestanding pylon sign.
Department,
Planning and
Building Divisions
3
The electronic readerboard display shall include the advertisement
Planning and Building
of movies in conjunction with the multi-plex cinema only. The
Department,
message on this display shall remain static except when movie
information is being changed out.
Code Enforcement
Division
4
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
and all claims, actions or proceedings brought against Indemnitees
Planning Services
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.
5
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
charges shall result in delays in the issuance of required permits or
Division
may result in the revocation of the approval of this application.
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