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Resolution-PC 2016-065RESOLUTION NO. PC2016-065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05876 TO PERMIT AN ARTISTIC MURAL AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2016-00053) (2300 EAST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05876 to permit an artistic mural on an existing industrial building (the "Proposed Project"), to be located at 2300 East Orangewood 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 Property is approximately 1.4 acres in size and is currently developed with an industrial building. The Land Use Element of the Anaheim General Plan designates the Property for "M -U" Mixed Use land uses. The Property is located within the "I" Industrial Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone"). Property owners within the PTMU Overlay Zone may develop their properties in accordance with the underlying zone, in this case the development standards and regulatons of Chapter 18.10 (Industrial Zone) of the Anaheim Muncipal Code (the "Code") or the the development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) 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 August 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. 2016-05876 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 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. 2016-05876, does find and determine the following: - I - PC2016-065 I . The proposed request to permit a "mural", as defined in Subsection .290 of Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of the Code, in the "I" Industrial Zone or the PTMU Overlay Zone is properly one for which a conditional use permit is authorized under paragraph .0104 of subsection .010 of Section 18.44.050 (Conditional Use Permit Required) of Chapter 18.44 (Signs) of the Code. 2. The proposed request to permit an artistic mural for an existing industrial building 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 mural would beautify the existing industrial building add add an artistic element for the benefit of the adjacent office complex. 3. The size and shape of the site is adequate to allow the full development of the proposed mural in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public. 4. The traffic generated by permitting the mural 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 project site would not change and the proposed mural will not increase traffic in the vicinity. 5. The granting of Conditional Use Permit No. 2016-05876 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. The mural would serve to benefit the adjacent properties by providing public art that is consistnet with the goals of the Platinum Triangle Master Land Use Plan. 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. 2016-05876, 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- 05876 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. - 2 - PC2016-065 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 22, 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. 772�7�( CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-065 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 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-065 EXHIBIT "A" DEV NO. 2016-00053 Oo00 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet -5 - PC2016-065 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05876 (DEV2016-00053) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT MURAL CONDITIONS OF APPROVAL 1. No banners shall be affixed to the mural. Planning and Building Department, Planning Services Division 2. The mural shall be properly maintained by the property owner. Planning and Building Department, Planning Services Division 3. Any graffiti painted or marked upon the mural or on any adjacent Planning and Building area shall be removed or painted over within 24 hours of being Department, applied. Planning Services Division 4 The mural shall be established in accordance with the Statement of Planning and Building Operations submitted as part of this application. Any changes to Department, the implementation of the mural as described in that document shall be subject to review and approval by the Planning Director to Planning Services Division determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 5 The content of the mural shall be limited to artistic images and any Planning and Building form of advertising shall be prohibitted. Department, Planning Services Division 6 The mural must be in substantial conformance with the submitted Planning and Building artistic renderings. Any future changes to content and/or artistic Department, images shall be reviewed and approved by Planning Department Planning Services staff. Division - 6 - PC2016-065 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 7. 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. 8. 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. 9. 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 with the Planning Department, and as conditioned herein. Planning Services Division - 7 - PC2016-065