Resolution-PC 2017-034RESOLUTION NO. PC2017-034
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00030)
(640 WEST KATELLA AVENUE, 1801 SOUTH HARBOR BOULEVARD,
AND 1831 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-
05870 to permit an electronic message board that would be visible from the public right-of-
way, and Administrative Adjustment No. 2017-00398 to allow said electronic message board
to be located at a height that is higher than permitted by Title 18 (Zoning) of the Anaheim
Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed
Project") for premises located within a portion of that certain real property at 640 West
Katella Avenue, 1801 South Harbor Boulevard and 1831 South Harbor Boulevard 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 5.1 acres in size and is currently
developed with three hotels and a parking structure. The Property is located within the
boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the
Anaheim Resort Specific Plan area and is subject to the zoning and development standards set
forth in Section 18.116.060 (Development Density Areas — Commercial Recreation (C-R)
District (Development Area 1)) and Section 18.116.070 (Uses — Commercial Recreation (C-
R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2
(SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim
Municipal Code (the "Code"). The Anaheim General Plan designates the Property for
Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 3, 2017 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 (Procedures) of the Zoning Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2016-05870 and Administrative Adjustment No. 2017-
00398, 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of 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
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WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 11 — Accessory Structures) which consist of
the construction, or placement of minor structures, accessory to existing commercial facilities.
Section 15311 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of
the California Code of Regulations; herein referred to as the "State CEQA Guidelines")
provides examples of projects that qualify for an exemption from the provisions of CEQA.
The example that is applicable to the Proposed Project is for on -premise signs. The Proposed
Project fits within that example and, therefore, pursuant to Section 15311 of the State CEQA
Guidelines, 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-
05870, does find and determine the following:
1. The proposed electronic message board is within a 5.1 -acre hotel complex
and is permitted within Development Area 1 of the Anaheim Resort Specific Plan with a
conditional use permit under Table 116-K (Permitted, Conditionally Permitted and Prohibited
Signs) of Section 18.116.160.030 of the Zoning Code.
2. The proposed electronic message board, under the conditions imposed,
would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the electronic message board would be
setback approximately 260 feet from the public right-of-way that the electronic message board
would face. Additionally, the lighting analysis indicates that light levels at the property line
would be very low.
3. The size and shape of the site for the use is adequate to allow the full
development of the electronic message board in a manner not detrimental to the particular area
or to the health and safety because it would be mounted to an existing parking structure and
set back a substantial distance from the street.
4. The electronic message board will not generate traffic; therefore it would
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 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim as the
proposed electronic message board will be mounted to an existing parking structure and set
back a substantial distance from the street.
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WHEREAS, the Planning Commission does further find and determine that the
request for Administrative Adjustment No. 2017-00398 should be approved for the following
reasons:
SECTION NO. 18.116.160.030 Maximum height.
(25 feet permitted; 27 feet proposed)
1. The adjustment is consistent with the purposes and intent of the Zoning
Code because the proposed electronic message board would be set back a substantial distance
from the ultimate right-of-way, such that this minor deviation in height would be
imperceptable.
2. The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the adjustment because the structural supports for the
electronic message board are integrated into the parking structure to which it is attached.
3. The adjustment will not produce a result that is out of character or
detrimental to the neighborhood since the electronic message board will be centrally located
within the campus and will be oriented toward guests of the campus hotels and other visitors
to the site.
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 Conditional Use Permit No. 2016-05870 and Administrative Adjustment No.
2017-00398, contingent upon and subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference. Said conditions 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.
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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
Zoning 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 Zoning 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 April 3, 2017. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, 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 Anaheimheld on April 3, 2017 by the following vote
of the members thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00030
APN: 137-161-15
W KATELLA AVE
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05870
ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
(DEV2016-00030)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
As indicated in the applicant's letter of request, the electronic message
Planning and Building
board shall serve as a campus art display and to welcome on-site groups
Department,
and meetings. The electronic message board may also be used to
Planning Services
provide directional guidance within the hotel complex and display the
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business names and/or logos of the hotels and tenants within the hotel
complex. The electronic message board shall not include off-site
advertising of any kind.
2
Staff shall review lighting levels of the sign within 30 days of operation
Planning and Building
to determine whether levels need to be adjusted. Staff shall continue to
Department,
have the ability to review the lighting levels following 30 days, should
Planning Services
the City receive complaints related to the brightness of the sign.
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3
All images displayed on the sign shall be static and displayed for a
Planning and Building
miminum of eight second before changing.
Department,
Planning Services
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GENERAL CONDITIONS OFAPPROVAL
4
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,
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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.
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 permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
6
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
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