Resolution-PC 2017-047RESOLUTION NO. PC2017-047
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05908 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2017-00021)
(2211 EAST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2017-05908 to conditionally
permit a coordinated sign program in association with The George apartment community at 2211
East Orangewood Avenue in the City of Anaheim (the Property"). The Property is generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property, consisting of approximately 3.8 -acres, is currently under
construction with a new residential apartment community consisting of 340 dwelling units. The
Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses.
The Property is located in the "I" Industrial Zone and the Platinum Triangle Mixed Use (PTMU)
Overlay Zone and the property owner has the option to develop the property in accordance with
either the "I" Industrial Zone or the Platinum Triangle Mixed Use (PTMU) Overlay Zone; and
WHEREAS, the Property has been developed in accordance with the development
standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone)
of the Anaheim Municipal Code (the "Code"). Subsection .010 of Section 18.20.150 (Signs) of
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Code requires that a
"coordinated sign program" be submitted to the Planning Department and must address the
following:
(1) Signs shall complement the architecture of the building and provide a unifying element
along the streetscape;
(2) The size, scale, and style of signs shall be internally consistent, and consistent with the
scale of the buildings of which they are a part; and
(3) Wall signs for ground floor uses shall be placed between the doorway and the upper
facade, and shall be located at approximately the same height as all other ground floor wall signs
to create a unifying, horizontal pattern.
WHEREAS, signs for residential uses developed in accordance with the Platinum Triangle
Mixed Use (PTMU) Overlay Zone shall also be subject to the requirements of Section 18.44.070
(Signs in Residential Zones) of Chapter 18.44 (Signs) of the Code; and if said signs do not conform
to these requirements, per Section 18.44.055 (Coordinated Sign Program) of Chapter 18.44 (Signs)
of the Code, the coordinated sign program shall be subject to the approval of a conditional use
permit and the required findings in 18.66.060 (Findings) of Chapter 18.66 (Conditional Use
Permits) of the Code and the additional findings listed above.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 1, 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
Code, to hear and consider evidence for and against the Proposed Project 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, this 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. Section
15311 of the 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, pursuant to Section 15311 of the 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 pertaining to the request for Conditional Use Permit No. 2017-05908, does find and
determine the following facts:
1) That the signs complement the architecture of the buildings on the same
property and provide a unifying element along the streetscape; and
2) The size, scale and style of signs are internally consistent, and consistent with
the scale of the buildings located on the same property and the surrounding
land uses.
3) That there will not be any signs for ground floor uses as the project includes
only residential uses.
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. 2017-05908, does find and
determine the following facts:
1. The proposed request to permit a coordinated sign program at the premises is
subject to a conditional use permit authorized under Section No. 18.44.055.040 of Chapter 18.44
(Signs) of the Code.
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2. The proposed conditional use permit, as conditioned herein, would not adversely
affect the adjoining land uses, or the growth and development of the area in which it is proposed
to be located because the signs will be of a quality design that is internally consistent and
complement the architecture of the buildings within the apartment community;
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and safety
because the proposed signs will be internally consistent and located out of any line -of -sight areas.
4. The traffic generated by the proposed project will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area there will be no
traffic generated by this use.
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
project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
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. 2017-05908, 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 the Property under
Conditional Use Permit No. 2017-05908 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
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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 May 1, 2017. 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 maybe 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 Anaheim held on May 1, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER,
LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of May, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00021
APN: 083-273-01
272'
0
v
z
0
a
M
G
272'
E ORANGEWOOD AVE
0
z
0
a
a
011 511 1011 Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05908
(DEV2017-00021)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF SIGN PERMITS
1
Any future signs for the apartment community shall be in substantial
Planning and Building
conformance with the coordinated sign program. All new signs
Department,
must be reviewed and approved by Planning Department staff.
Planning Services
Division
2
Any future signs for the apartment community that do not comply
Planning and Building
with the Zoning Code may be reviewed and approved by the
Department,
Planning Director, provided that the signs are in substantial
planning Services
conformance with the coordinated sign program.
Division
3
No sign shall be permitted within line -of -sight triangles located at
Planning and Building
street intersections or driveways adjacent to streets.
Department,
Planning Services
Division
4
No sign shall be permitted within the Public Right of Way.
Public Works
Department,
Development Services
Division
GENERAL CONDITIONS
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
Department,
the 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.
6
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
Division
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
7
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
Planning Services
and as conditioned herein.
Division
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EXHIBIT "C"
COORDINATED SIGN PROGRAM
CONDITIONAL USE PERMIT NO. 2017-05908
(DEV2017-00021)
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