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Resolution-PC 2020-005RESOLUTION NO. PC2020-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3566 AND VARIANCE NO. 2020-05136 (DEV2019-00124) (5 10 NORTH EUCLID STREET) WHEREAS, on June 28, 1993, and subject to certain conditions of approval, the City Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No. 93-72 approved Conditional Use Permit No. 3566 to permit the construction of a regional shopping center with indoor entertainment facilities, an automotive repair and parts installation facility in conjunction with a major retail tenant, semi enclosed restaurants, and an auditorium/community meeting room, with waivers of those requirements contained in the Anaheim Municipal Code (the "Code") related required setbacks, landscaping, maximum sign area, number of freestanding signs, height of freestanding signs, area and number of roof signs, and maximum height of illuminated signs in conjunction with a Coordinated Sign Program, (herein referred to as the "Original CUP") on that certain real property located at 510 North Euclid Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the conditions of approval that were the subject of the Original CUP shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Coordinated Sign Program in conjunction with the Original CUP to allow for the replacement of the freeway -oriented pylon sign and monument signs and Variance No. 2020-05136 to permit more tenant panels than permitted by the Anaheim Municipal Code for the Property. Said amendment to the Original CUP is designated herein as Conditional Use Permit No. 3566A; and WHEREAS, the Property is approximately 48.7 acres in size and is currently developed with a regional shopping center. The property is zone "C -G" General Commercial. The Anaheim General Plan designates the Property for Regional Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 16, 2020 at 5:00 p.m. and 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. 3566A and to investigate and make findings and recommendations in connection therewith, and this item was continued to the March 30, 2020 and April 13, 2020 meetings; 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 (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 - I - PC2020-005 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of Projects that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 2 — Replacing or Reconstruction) which is applicable to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the restructure replaced and will have substantially the same purpose and capacity as the structure replaced. The Project scope proposes to demolish and reconstruct the existing shopping center monument signage. The height, square footage, and placement of the monument signs will not be altered and will not result in a significant environmental impact, therefore, pursuant to Section 15302 of the CEQA Guidelines, the project is categorically exempt from the provision 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. 3566A, does find and determine that the evidence presented shows that all of the following conditions exist: 1. That the proposed modifications to the sign(s), under the conditions imposed, do not increase the height or sign area square footage and complies with the Anaheim Plaza sign program and the development standards outlined in the Anaheim Municipal Code; 2. That the changes proposed improve the aesthetics of the sign; and 3. That the granting of Conditional Use Permit No. 3566A, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2020-05136 to exceed the allowed number to tenant panels for the 80 -foot tall pylon sign shall be approved for the following reasons: 1. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. The Anaheim Plaza shopping center is approximately 48 acres in size and has site frontages which range from 1,300 to 1,700 feet along major arterial highways and a freeway. Incorporating additional tenant panels would be able to accommodate all of the largest anchor tenants within the center, including the tenants on the north side of Crescent Avenue that are located over 1,700 feet from the freeway off ramp to Euclid Street. Because of the large size of this regional shopping center, and the distance of some large tenants from the freeway, as compared to other centers throughout the City, there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of the special circumstances identified above, strict application of the Zoning Code would deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. - 2 - PC2020-005 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3566A and Variance No. 2020-15136. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for Conditional Use Permit No. 3566A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 3566A. The Revised Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 3566A and Variance No. 2020-05136 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 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. - 3 - PC2020-005 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 13, 2020. 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. i CHA RSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: i� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 13, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13`i' day of April, 2020. i� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-005 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 3655-A VARIANCE 2020-05136 (DEV2019-00124) C -G C_G ANAHEIM PLAZA F_T;,IL (NORTH) w FPARKING ) Z w z w p C -G (MU) a rA SENIOR, UJCITIZEN J APTS j I -- -U.. 17 DUO O J U. ~? (� w OO U Z z 7 0Z 2 W 02 LU z UaLL r Ct a z W 0 z J z RFF H -4p o S�RFF� u '9y z I INDUSTRIAL ' r—1 Subject Property 1 DEV No. 2019-00124 1679 West Crescent Avenue W CRESCENT AVE ELEMENTARY SCHOOL C -G DEV 2019-00124 ANAHEIM PLAZA SHOPPING CENTER C -G ANAHEIM PLAZA SHOPPING CENTER APN: 072-110-37 072-110-52 072-110-51 034-300-72 072-110-41 ��-TRS -1 WESTMONT ELEMENTARY SCHOOL v w J 2 N W WESTMONT DR RS� Z5 Il z RELIGIOUS USE Z U) d� Qi RM -4 i� Lo Q WlLSHIRiz_ CREST3 APTS z 32 DUQ�-- W NfLSH�er __ - 5 - PC2020-005 RM -4 GALLERY RM -4 APTS C -G SALVATION 200 DU POST OFFICE ARMY i r � RM4 RM41 MONTE w W NORTH 5T MONTE VERDE VERDE p APTS APTS 150 DU 150 DU z C -G PARKING T ]_LOT_J PRICE W CRESCENT AVE ELEMENTARY SCHOOL C -G DEV 2019-00124 ANAHEIM PLAZA SHOPPING CENTER C -G ANAHEIM PLAZA SHOPPING CENTER APN: 072-110-37 072-110-52 072-110-51 034-300-72 072-110-41 ��-TRS -1 WESTMONT ELEMENTARY SCHOOL v w J 2 N W WESTMONT DR RS� Z5 Il z RELIGIOUS USE Z U) d� Qi RM -4 i� Lo Q WlLSHIRiz_ CREST3 APTS z 32 DUQ�-- W NfLSH�er __ - 5 - PC2020-005 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 3655-A VARIANCE 2020-05136 (DEV2019-00124) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The developer shall acquire all appropriate permits from the State or other Planning and Building relevant agencies for all work associated with the construction of the sign Department, or modifications to landscape areas adjacent to the I-5 Freeway. All Planning Services advertising on the sign shall comply with provisions set forth in Sections Divisions 5200-5489 (Outdoor Advertising Act) of the Business and Professions Code. 2 Any relocation of City electronic facilities shall be at the developer's Public Utilities expense. That landscape and/or hardscape screening of all pad -mounted Department, equipment shall be required and shall be shown on plans submitted for Electrical Engineering building permits. 3 An Illumination Study shall be prepared to ensure that the brightness of Planning and Building the sign meets the Department of Transportation (Caltrans) standards. Department, The illumination study is subject to the review and approval of Planning Planning Services Department staff. Division PRIOR TO ISSUANCE OFA SIGN PERMIT 4 Sign Construction Plans shall be submitted to the Building Division for Planning and Building review and approval. All proposed signs, including their foundation and Department, overhangs, shall be placed outside of the ultimate ROW (2 -ft. minimum Planning Services and clearance from the ultimate ROW) and outside of existing and proposed Building Divisions easements. Proposed signs shall not block the pedestrian path of travel and shall not conflict with WQMP BMPs nor drainage facilities. 5 Plans shall be submitted showing line of sight triangle at all driveways Public Works per City of Anaheim Engineering Standard Detail 115-B, which requires Department, a 7 foot by 50 foot triangular clear zone from the ultimate right of way Traffic Engineering line, to ensure monument signs, landscaping, and other obstructions are outside of clear zone. 6 The property owner/developer shall obtain any necessary permits and Public Works approvals from Caltrans for the proposed sign along the freeway. Written Department, approval shall be submitted to the City. Traffic Engineering - 6 - PC2020-005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON-GOING DURING OPERATIONS 7 The subject property shall be developed substantially in the accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which are on file with the Planning Department; provided however, that the signs shall display only advertising or business Planning Services identification pertaining to on -premise businesses, and that there shall be Division no display of any off-site uses, products or services on the signs. GENERAL CONDITIONS 8 That the freeway -oriented project and major tenant identification sign Planning and Building shall be limited to no more than eight (8) on-site major tenant Department, identification panels. Planning Services Division 9 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. 10 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, set aside, void, or annul the decision of the Indemnitees concerning this Division 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. 11 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department and as conditioned herein. Planning Services Division - 7 - PC2020-005