Resolution-PC 2006-27• ~
RESOLUTION NO. PC2006-27
A RESOLUTION OF: THEANAHEIM PLANNING COMMISSION
THATPETITION FOR VARIANCE NO. 2005-04675 BE GRANTED, IN PART
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL A: PARCELS 1, 2, 3 AND 4 OF PARCEL MAP 90-232, AS SHOWN ON A
MAPFILED IN DEED BOOK 278, PAGES 7, 8, AND 9 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OE SAID COUNTY. '
PARCEL B: AN EASEMENTFOR INGRESS ANDEGRESS OVER THAT PORTION OF
PARCEL 1, AS SHOWN ON THAT CERTAIN' LOT LINE ADJUSTMENT PLAT NO. 139
RECORDED NOVEMBER 1, '1985 AS INSTRUMENT'- NO". ` 85-423458 OF OFFICIAL
_ RECORDS OF ORANGE COUNTY, CALIFORNIA, 1NCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND`.
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 3, AS SHOWN ON A MAP
FILED IN BOOK 196, PAGES 8 AND 9 OF PARCEL MAPS W THE OFFICE OF THE
COUNTY`RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 34° 23' 42" EAST
ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 3 AND' ITS SOUTHEASTERLY
PROLONGATION, 309.49 FEET'TO A POINT IN THE SOUTHEASTERLY LINE;OF SAID
PARCEL 3; THENCE SOUTH 00° 00' 11" EAST 106.00 FEET; THENCE SOUTH 89° 59' 49"
WEST 67.60 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 51 FEET
EASTERLY FROM THE LINE COMMON TO PARCELS 1 AND 2 OF SAID PARCEL MAP
HAVING A BEARING AND DISTANCE OF NORTH 00° 00' 11" WEST 371.55 FEET;
THENCE NORTH 00° 00' 11" WEST ALONG SAID PARALLEL LINE 89.68 FEET TO A
POINT W A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 32.50 FEET FROM
THE SOUTHEASTERLY PROLONGATION OF THE LINE COMMON TO SAID PARCELS 1
AND 2 HAVING A BEARING AND DISTANCE OF NORTH 34° 23' 42" WEST 147.57 FEET;
THENCE NORTH 34° 23' 42" WEST, ALONG SAID PARALLEL LINE 284.77 FEET TO A
POINT IN THE SOUTHEASTERLY LINE OF KATELLA AVENUE AS SHOWN ON SAID
PARCEL MAP, SAID POINT BEING IN THE ARC OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 940.00 FEET; THENCE NORTHEASTERLY
65.01 FEET ALONG THE AREA OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°
5T 46" TO THE POINT OF BEGINNINGS, AS CREATED BY THAT CERTAIN AGREEMENT
FOR MUTUAL INGRESS AND EGRESS EXECUTED BY L.C. SMULL RECORDED
OCTOBER 7, 1985 AS INSTRUMENT NO. 85-382822, OFFICIAL RECORDS. '
PARCEL C: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR
PEDESTRIAN AND VEHICULAR TRAFFIC, UNDERGROUND UTILITIES, SURFACE
WATER DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES AS DEFINED AND
OVER THOSE AREAS AS DESCRIBED IN ARTICLE 2 OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 2, 1986 AS
INSTRUMENT NO. 86284304, OFFICIAL RECORDS.
PARCEL D: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS, PARKING
UTILITIES AND CONSTRUCTION PURPOSE AS DEFINED AND OVER THOSE AREAS AS
DESCRIBED IN ARTICLE 2 OF THE DECLARATION ESTABLISHING EASEMENTS AND • '
MAINTENANCE OBLIGATIONS (STADIUM TOWERS PLAZA) RECORDED DECEMBER 19,
1994 AS 1NSTRUMENT NO. 94-0722696, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 20, 2006, at 2:30 p.m.,"notice of said public hearing having been duly given as
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required by lawand in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to'hear and consider evidence fo'r and against said proposed variance and to investigate and
make findings'and recommendations in connection therewith; and
' WHEREAS, said Commission, after due inspection, investigation and study madeby itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner proposes waivers of the following pertaining to minimum number of parking
spaces and permitted signs for a previously-approved commercial center.
(a) SECTION NO. 18.42.040:010 Minimum number of parkinq spaces 271
spaces required; 179 proposed and ,
recommended by the City's lndependent ,
Parking and Traffic Consultant) - °'
(b) SECTION N0. 18.44.080.060 Permitted number of tenants on a monument sian
(DELETED) '
(c) SECTION NO. 18.44.090.010 Maximum number of monument siqns
(DELETED)
(d) SECTION NO. 18.44.090.020 Maximum heiqht of monument siqn
(DELETED)
(e) SECTION NO. 18.44.110.010.0102 Permitted number of wall siqns
(DELETED)
(f) SECTION NO. 18.44.110.010.0102 Permitted location of wall sians (Signs required
to be located on frontage of tenant space; '
clustered signs proposed)
(g) SECTION NO. 18.44.110.0103 Maximum heiqht of letters/loqos of wall sians
24 inches maximum permitted; 36 to 48 inches
proposed)
2. That the above mentioned waivers (b), (c), (d) and (e) are hereby denied since they have
been deleted.
3. That the above-mentioned waivers (fl and (g) are hereby approved'as the site is uniquely
constrained by its irregular shape. The proposed buildings are aligned uniquely due to the shape of the
property thereby limiting proper tenant identification to those tenants that are directly visible to the right-of-
way. Additionally, the wall signs would not be visible to Katella Avenue without larger logo height and
clustering of the signs at the ends of each retail building. Strict application of the zoning code would deprive
the property of privileges enjoyed by properties that do not have these site constrains.
4. That the above-mentioned waiver (a) is hereby approved based upon the submitted parking
analysis prepared by Linscott, Law and Greenspan, dated February 22, 2006. The City's independent Traffic
Consultant has reviewed the parking analysis and has determined that the proposed parking area referenced
in the study would be sufficient for the proposed uses on the property.
5. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided. Using code parking ratios for the retail and Hooters site components, plus a
"design ratio" determined through extensive field study of an existing retail site, the peak parking demand
requirement for The Shops site (to include Hooters) totals 179 spaces. Parking supply will equal that
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requirement with a 121-space lot on-site and 58 spaces within an immediately adjoining easement area of
Stadium Towers. Based on a code caiculation and shared parking projection for the office building as well as
actual field study of Stadium Towers parking lots and garage, that site has a parking surplus well in excess of
the 58 spaces being`offered in the easement (code excess of over 200 spaces, and field study surplus of
- approximately 400 spaces).
6. That the waiver, under the conditions imposed, if any, will not increase the demand and -
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because
the parking needs of the site will be entirely supported on-site and through easement spaces.
7. 7hat the waiver, under the conditions imposed, if any, will not increase the demand for :
parking spaces upon adjacent private property in the immediate vicinity of the'proposed use. The parking
: plan includes 121 spaces on-site, and 58 spaces in an easement at Stadium Towers'(from which the shops
site was originally created). Between those two parking components totaling 179 spaces, the project parking
needs will be fully satisfied. '
8. That the waiver, under the conditions imposed, wiU not increase traffic congestion within the
off-street parking areas or lots provided for such use since the site plan creates a Shops on-site parking area
that is logical, served by two driveways along the Stadium Towers circulation "spine'; and is internally looped
(no "dead-end" aisles). The easement area already exists in the Stadium Towers East Lot, is in close
proximity to The Shops, and is served by the same circulation "spine".
9. That no one indicated theirpresence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition. :
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning >
Commission has reviewed the proposal to waive {a) minimum number of parking spaces,{f) permitted
location of wall signs, and (g) maximum height of letters/logos on wall signs for a previously-approved
commercial center; and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of the
initial study and any comments received that there is no substantial evidence that the project will have a' ,
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the signage for subject retail center shall be limited to that shown on the exhibits submitted by
the petitioner. The cluster wal( signs (Sign Type C) shall be permitted only for the tenants located
within that building.
2. That the granting of the parking waiver is contingent upon operation of the use in conformance with
the assumptions and/or conclusions relating to the operation and intensity.of use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shall subject this variance to termination or modification.
3. That an unsubordinated restricted covenant providing reciprocal access and parking (for 58 spaces),
in a form satisfactory to the City Attorney's Office, shall be recorded with the Office of the County
Recorder and submitted to the Planning Services Division.
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4. That the subject property shall be deyeloped and maintained substantially in accordance with the
sign plans and specifications submitted to the City of Anaheim by the petitioner and which pians are
on file with the Planning Department marked Exhibit Nos. 1-10, and'as conditioned herein:
5. That approval of this application constitutes approval of the proposed request onlyto the extent that
it complies with the Anaheim Municipal Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as #o compliance or approval of the _
request regarding any other applicable ordinance, regulation orrequirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 competentjurisdiction, then thisResolution,
and any approvais herein contained, shal( be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the 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 result in defays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission'meeting of
March 20, 2006. Said resolution is subject to the appeal provisions set f in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures nd a e replac ~ ity Council
Resolution in the event of an appeal. . ~
CHAIRM , ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHE{M PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 20, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISStONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this L/ ~ day of
, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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