Resolution-PC 2018-017RESOLUTION NO. PC2018-017
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05960
TO PERMIT AND RETAIN THE REPLACEMENT OF NONCONFORMING SIGNS AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00108)
(928 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-05960
to permit and retain the replacement of existing nonconforming signs for a restaurant located at
928 North Euclid Street, in the City of Anaheim, County of Orange, State of California. The
existing restaurant is located within a retail commercial center on real property generally depicted
on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, Conditional Use Permit No. 2018-05960 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, the Property is part of a 0.68 -acre commercial retail shopping center, which
is located within the "C -NC" Neighborhood Center land use designation of the Anaheim General
Plan. The Property is located in the "C -G" General Commercial Zone and is subject to the
zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the
Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 19, 2018 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 proposed Conditional
Use Permit No. 2018-05960 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
construction, or placement of minor structures accessory to existing commercial, industrial or
institutional facilities including 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
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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. 2018-05960, does find
and determine the following:
1. That the proposed modifications to the nonconforming pole and wall signs do not
increase the height or area of sign copy. The replacement of deteriorated sign cabinets (from the
former restaurant) with new sign cabinets brought the sign closer to conformity with the code.
2. That the changes proposed improve the aesthetics of the sign; and
3. The granting of Conditional Use Permit No. 2018-05960 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The new signs were replaced in the same location as the existing nonconforming signs which
identified the prior La Palma Chicken Pie Shop Restaurant.
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. 2018-05960, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B
attached hereto are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2018-05960 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.
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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 March 19, 2018. 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.
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 March 19, 2018, by the following vote of
the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of March, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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l I I I I J
APN: 034-411-11
W FRANCIS DR
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EXHIBIT "A"
DEV NO. 2017-00108
W LA PALMA AVE
390'
390'
W CATHERINE DR
W DOGWOOD AVE
LnLn
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W FRANCES DR
0
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W CATALPA DR
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. 2018-05960
(DEV2017-00108)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1
Within 90 days of approval of this Resolution, the applicant shall
Planning and Building
obtain sign permits for the unpermitted signs, including the existing
Department
freestanding pole sign, with final inspections performed by the City's
Building Division.
GENERAL CONDITIONS OFAPPROVAL
2
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
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
Division
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 permits
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
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 to
Department,
the City of Anaheim by the petitioner and which plans are on file with
the Planning Department, and as conditioned herein.
Planning Services
Division
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