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Resolution-PC 2008-76RESOLUTION NO. PC2008-76 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 11 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05321 WITH WAIVERS OF MAXIMUM SIGN AREA, HEIGHT AND WIDTH (1321 - 138i, 1300 - 13$2 AUTO CENTER DRIVE AND 1221 - 1271 SOUTH PHOENIX CLUB DRIVE - ANAHEIM AUTO CENTER) WHEREAS, the Ai3aheim Planning Commission did receive a verified Petition for Conditional Use Perniit to construcY a 70-foot high freeway-oriented electronic readerboard sign for Yhe A~~aheim Auto Center Chat is larger, taller and wider tha~~ permitted by Code on certain real property sihtated in Che City of Anaheim, County of Orange, SYate of Califomia, shown on ExhibiY A, attached liereto and incorporated herein by Uiis reference. WHEREAS, the subject property is coniprised oP several properties totaling approximately 21.6 acres, and developed with multiple automobile dealerships commonly referred to as Yhe Anaheim Auto Center; and WHBREAS, tlie subject property is located in tlte General Commercial (C- G) Zone and tlie Anaheim General Plan designates the property for General Commercial land uses, and WHEREAS, LIZe proposed request to construct a 70-foot high freeway- oriented electronic readerbolyd sign for the Anaheim Auto Center includes waivers of the following: (a) SECTION 1$.44.100.030 Maximum sien area. (i25 square feet permitted; 631 square Feet proposed) (b) SECTION 18.44.100.030 and Maximum sign height. 18.4~.100.060 (30 feet permitted; 70 feet proposedl (c) SECTION 18.44.100.030 Maximum sign width. (15 feeYpermitted; 28 feet proposed) WHEREAS, tlie Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 4, 2008, at 230 p.m., notice oFsaid public hearing having been duly given as required by law and in accordance with the provisions of tl~e Anaheim Mimicipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use perniit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 hearii~g, does fnd and deCermi~le Yl~e followiiag facts: - 1 - PC2008-76 1. That the freeway-oriented electronic readerboard sign for the Anaheim Auto Center is properly one for which a conditional use permit is authorized by Analleim Municipal "" Code Sections 18.44.050.010 and 18.44.100.010. 2. That the freeway-oriented eleckronic readerboard sign would not adversely affect the adjoining land uses and the growth and development of tlae area in which It is located because tlie proposed freeway-oriented elecYronic readerboard sign is compatiUle with the primary use of Yl~e property as a regional auYomobile sales center and that iY replaces an exisCing sign of a comparable area, height and width; and 3. That no traffic would be geverated by the proposed fieeway-oriented electronic readerUoard as it is an accessory advertising device for Uie regional automobile sales center and would not inipose an undue burden upon fhe streets and highways designed and improved to carry the traffic in the area; and 4. That granTing this conditional use permiY, under the eonditions imposed, will not be detriia~ental to the healtl~ and safeYy of the citizens of the City of Anaheim; and 5. That waivers (a), (b), and (c) are hereby approved based on the unique topography oFtlie property, which sits 15 feet below the adjacent freeway grade, and Ylie large size of the property containing multiple automobile dealerships with limited visibility to the freeway, ~vhich couditions warrant a larger, caller, and wider sign than permitted by Code in order to ensure visiUility to tl~e regionally-significant automobile sales center, and further, that tUe proposed electronic readerboard sign will replace and upgrade an existing electronic readerboard sign of the san~e l~aight and width and will represent a reduction in the maximum display area. 6. T71aC no one indicated their presence aC said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, tl~e proposed projeat falls wiChin the defnirion of CaCegorical Exemptions, Class 11 (Accessory Str-uctures) as defined in tlie State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Pennit No. 2008-05321 with waivers of maximcuia sign area, heiglit and widtli subject to the conditions of approval described in Exhibit "B" attaclied hereto and incorporated by [his reference which are hereby found to be a necessary prerequisite Yo tl~e proposed use of tl~e subject property in order to preserve the health and saPety of the Citizens of the City ofAnaheim. BE IT FURTHER RESOLVED fhat this perniit is approved witliout liinitations on tlae duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment ofPermit Approval) and 18.60.200 (City-fiiitiated Revocation or Modification of Pennits) of the Anaheim Municipal Code. - 2 - PC2008-76 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does liereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set fortU. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competei~t jurisdiction, Yhen this ResolL~tion, and any agprovals herein conCained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicanY is responsible for paying all charges related to the processiug of tliis discreYionary case application wifliin 15 days of the issuance of tlle final invoice or prior to tiie issuance of building permlts for tlais project, wliichever occurs first. Faili~re to pay all charges shall result in delays in tiie isstiance of required pennits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission nzeeti~ig of August 4, 2008. Said r~solution is subject to Yhe appeal provisions set forth in ChapCer 18.60, "Zoning Provisioils - Geveral" of Che Anaheim Mui~icipal Code pertaining Yo appeal procedures and ~nay be replaced by a City Coimcil Resolution iu the evenY of an appeal. CHAIl2NIA AN EIM PLAN ING MISSION ATTEST:_._ , ARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY QF ANAHEIM ) I, Grace Medina, Senior Secretary of the Analieina Planning Commission, do 1~ereUy certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 4, 2008, by the following vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAICI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have l~ereunto set my hand this __~~ day of AugusC, 2008. ~- ~ l/~ SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-76 - 4 - PC2008-76 EXHIBTT "B" CONDITIONAL USE PGRMTT NO. 2008-05321 Responsible for No. Conditions of Approval Monitoring PRZOR TO ISSUANCE OFA BUILDING PERMIT 1 Thak the locations for any above-groiind utility devices including, buY noY limited Plamiia~g to electrical transPonners, water backflow devices, gas, communications, telecommunications, and cable devices, etc., shaU be shown on plans submitted for bLiilding permits. Plans shall also identify Che specifie screening treaCments of each device (i.e. landscape screening, color of walls, materials, identi£ers, access points, efc.) and sliall be subject Yo the review and approval of the appropriaYe City departments. Any required relocatioi~ of City electrical faciliCies shali be aC the developer's expense. 2 That landscape and irrigation plans shall be submitted to tlie Planning Department Planning indicating a layered landscape in front of the sign, including rapid growing clingang vines attacl3ed to a trellis aY tlze base of Che sign. 3 T'haY the property owner/developer shall provide t3~e CiYy of Anaheim with a Electrical puUlic utilities easement around all pad mounted transformers, switclies, Engineering capacitors, etc. Said easement shall be submitted to Yhe City of Anal~eim prior to co3niection of electrical service. GENERAL 4 That tliis property sl~all be served by underground utilities per the Electrical rates, Electrical rules and regulations. That any relocation of City electrical facilities will be at Engineering the property owners' expense. Landscape and/or hardscape screeniaig of all pad- mounted equipment will be required and shall be outside the easement area of tUe equipment. 5 ThaY on-going during project operation, the property sliall be permananCly Code maintained in an orderly fashion through the provision oFregular landscaping EnforcemenY maintenance, removal of trasli or debris, and removal of graffiti within twenty- four.(24) l~ours from the time of diseovery. 6 That on-going during project operation, the advertisement and display of goods Code and services on any display surface, including the electronic readerboard and any Enforcement static display surfaces, shall be limited to tl~ose goods and services that are sold or rendered on-site. The display or advertisement of goods and services that are not rendered on-site shall be prohibited. - 5 - PC2008-76 Responsible for No. Conditions of Approval Monitoring 7 Tllat on-going during project operation, all advertising on tlie Freeway-oriented Code sign shall comply with provisions set forth in Sections 5200-5486 (Outdoor Enforceinent Advertising Act) of the Business and Professions Code. 8 That on-going during project operation, tlle sign shall be continually maintained Code in a`9ike new" condition. EnForcement 9 That subjecY property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and wl~icl~ plans are on file with tl~e Flanning DeparCment marked Exhibit Nos. 1 through 6 of Conditional Use Permit No. 2008-05321, and as conditioned herein. 10 T1~aY approval of this application constitutes approval of tlie proposed request Plaiming only to the extenY tliat iC complies with the Anaheim Municipal Zoning Code and any oYher applicable City, State and ~ederal 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. 11 That timing for compliauce with conditions of approval may be amended by the Pla~u~ing Director upan n sl~owing of good cause provided (i) equivalenY timing is establisl~ed tliat satisf es die original intent and purpose of Yhe condition(s), (ii) the modification complies with tl~e Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of tlie use or approved developmenf. - 6 - PC2008-76