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Resolution-PC 2018-019RESOLUTION NO. PC2018-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2018-05105 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00021) (515 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for Variance No. 2018-05105 to permit two wall signs on adjacent elevations on an existing hotel, at a certain real property located at 515 West Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately one acre, is developed with a hotel (Wyndham Garden Anaheim). The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan (ARSP) 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 Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 16, 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 Variance No. 2018-05105 (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, the Planning Commission finds and determines that the Proposed Project is 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 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 - I - PC2018-019 WHEREAS, this 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 proposed Variance No. 2018-05105, does find and determine the following: SECTION NO. 18.116.160.060 Business Identification Wall Sign — Hotel/Motel (For buildings at mid -block locations, signs shall be located on non -adjacent building elevations; two signs are proposed on adjacent building elevations) 1. The subject hotel and adjacent hotel are both older buildings that predate the ARSP, and they are legal -nonconforming with respect to side setbacks. A new hotel built under today's standards would have a setback of ten feet from the property line, such that there would be 20 feet of separation between buildings; and 2. The strict application of the Zoning Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity of the Property since, in the existing condition, the two buildings are about seven to eight feet apart, such that a Code -compliant sign placed on the east elevation of the subject hotel would not be visible from Katella Avenue and would not serve its intended purpose; and 3. The hotel is located next to a single -story commercial retail center at the corner of Harbor Boulevard and Katella Avenue, such that the majority of the hotel's west building elevation is visible from the intersection. This condition provides the hotel with the characteristics of a corner property. In the ARSP, a hotel on a corner parcel may have up to four signs, with one sign on each elevation. and; 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 the Planning Commission does hereby approve Variance No. 2018-05105, contingent upon and subject to the conditions of approval described 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 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. - 2 - PC2018-019 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 April 16, 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 -3 - PC2018-019 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 April 16, 2018, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-019 EXHIBIT "A" DEV NO. 2018-00021 APN: 082-271-05 m 0 CID a x E190, N ry 140.65' 190' W KATELLA AVE �s�o Source: Recorded Tract Maps and/or City GIS - 0" reet Please note the accuracy is +/- two to five feet. - 5 - PC2018-019 EXHIBIT "B" VARIANCE NO. 2018-05105 (DEV2018-00021) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 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 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. 2 The subject property shall be developed substantially in accordance Planning and Building with the plans and specifications submitted to the City of Anaheim Department, by the applicant and which plans are on file with the Planning Planning Services Department. Division 3 Approval of this application constitutes approval of the proposed Planning and Building request only to the extent that it complies with the Anaheim Department, Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or Planning Services findings as to compliance or approval of the request regarding any Division other applicable ordinance, regulation or requirement. 4 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 permits for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. - 6 - PC2018-019