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Resolution-PC 2008-77RESOLUT30NN0. PC2008-77 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05343 (2280 EAST LINCOLN AVENUE - ANAHEIM TOWN SQUARE) ~~ ~ WHEREAS, flie Anaheim Planning Commission did receive a verified Petition for Conditional Use Pennit to replace two existing monument signs with monwnent signs containing readerboards on real property situated in Yhe City of Anaheim, County of Orange, StaCe of California, shown on Exhibit A, attached hereto and incorporated herein by fhis reference. WHEREAS, khe subject property is comprised of several properties totaling approximately 26 acres, and developed with a regional retail commercia] center conunonly referred to as the Anaheia~7 Town Square; and WHEREAS, the subject property is located in flte General Commercial (C-G) Zone and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, tlae Plamting Co~runission did hold a public hearing at the Civic Center in the City of Analieim on August 18, 2008, at 2:30 p.m., notice of said public hearing l~avi3ig Ueen duly given as required Uy law and in accordance witl~ tl~e provisions oFthe Anal~eim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditiaial use perniit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commissioi~, aRer due inspection, iiivestigation and study made by itself and in its bel~alf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That tl~e inonumenY signs with readerboards for fhe A~saheam Town Square are properly one for wliicl~ a conditional use permit is autllorized by Anaheim Municipal Code Sections 18.44.050.010. 2. That tiie two mo~~ument signs with readerboards would not adversely affect the adjoining land uses and tlie growth and development of the area in which it is located because tlie pro}~osed signs are co~vpatible with the primary use of the property as a regiotlal retail commercial center, the sigis will be loeaYed along two primary arterial roadways (Liucol~3 Avenue and State College Bonlevard) and would not be viewed at the sanie time and tl~e signs would replace two existing momiment si~rs of a comparable area, height and width; and 3. That the proposed monument signs witla readerboards are an accessory advertisiqg device for the regional retail commercial cenCer and that tlae tra€fic generated by the cenCer woiild i~ot impose an undue burden upon U~e streets and higl~ways designed and improved to carry tlie traffie in tlie area; and - 1 - PC2008-77 4. That granting this condiYioual use permiC, under The condiCions imposed, will not be detrimental to tl~e health and safeCy of the citizens of the CiYy of .4naheam; and 5. Tliat no oi~e indicated their presence at said public hearing in opposition; and that `~~~~~ no correspondence was received in opposition Yo the subject petition. WAEREAS, the proposed project falls witliin tl~e definition of Cafegorical Exemptions, Class 1(Existing Stnictures) as defined in tUe State CEQA Guidelines, and is Cherefore, exempt from the requirement ta prepare additional eirvirorunental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Plaiming Commission does hereby approve Conditional Use PermiY No. 2008-05343 subject to the condiYions of approval described in Exhibit "B" attached hereto and incorporated by tliis reference which are hereby Fou~id to be a necessary prerequisite to tlie proposed use of the subject property in order to preserve the health and safety of flie Citizens of the City of Analiei~n. BE IT FURTHER RESOLVED that Chis parniit is approved without limitations on the hours of operation or duraYion of the use. Amendments, modifications and revocations of this pennit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (CiCy-Ii~itiated Revocation or Modification of PermiYs) of tl3e Anaheim Municipal Code. BE IT FURTHER RESOLVED that Yhe Anal~eim Plauning Commission does hereby find a~td detannane tl~at adoption of tliis Resolution is expressly predicated upon applicai~t's compliance with each and all of the condiYioi~s hereinabove set foeth. 5hould aoy s~icl~ conditioal, or any part thereof, be declazed invalid or unenforceable by tl~e final judgment of a~ry court of compeCeut jurisdiction, Yhen ti~is ResoluYio~z, and any approvals herein contained, sl~all Ue deemed null and votd. BE IT FLTRTHER RESOLVED that Yhe applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of tlie issuance of the fiiial i»voice or prior to the issuance oFbuilding permits for Yhis project, whiclaever occurs first. Failure to pay all charges shall result in delays in the issuai~ce of required perniiYs or the revoeaYion of tlae approval of this application. - 2 - PC2008-77 THE FOREGOING RESOLUTION was adopted at tl~e Planning Commission ~neeYing of Aug~~st 18, 2008. Said resolution is stibject to the appeal provisions set forCli in ChapYer 18.60, "Zoniug Provisions - GeneraP' of the Anaheim Mimicipal Code pertaining to appeal procedures and may be replaced by a City Council ResoluYion;n the event of an appeal. '' CpMMISS30N A' SENIOR~SEC~ETARY, ANAHEIM PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the .4naheim Planning Cornmission, do liereby cerfify that tl~e foregoing resoluYion was passed and adopted at a meeYitlg of the Anal~eun Planning Commission held on August 18, 2008, Uy tUe followi3ag vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, $UFFA, FAESSEL, ICARAICI, RAMIl2EZ NOGS: COMMISSIONERS: ROMERO ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunYo set my hai~d this ~~day of August, 2008. v ~ SECRETARY, ANAHEIM PLANNING COMMI5S10N - 3 - PC2008-77 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008-05343 ~ ., ~. ..~~.......... Saurce: Recorded Trad Ivlaps and/orCity GIS. P le ase note th e accurecy i s+!- tvw to five feet. - 4 - PC3008-77 EXHIBIT F`B" CONDITIONAL US~ PERM[T NO. 2008-05343 Responsible f'or No. Conditions of Approval Monitoring PRIOR TO ISSUANCE OF A BUZ~.DING PERMIT 1 ~~ Tltat Yhe locations for airy above-ground utility devices including, but not limiYed Plannii~g to electrieal transfonners, water bacl<flow devices, gas, conzmunications, telecommunications, and cable devices, etc., shall be sltown on plans submitted for Uuilding permits. Airy required relocation of City electrical facilities sllall be ' at t~l~e applicanYs expense. 2 That a revised comprehei~srve sign program for Anal3eim Town Square Planning incorporating tl~e approved momiment wiCh readerboard signs sliall be submitted to the Planning Department, Plamiing Services Division. GENERAL 3 Tl~at during a~-goii~g during project operation, the signs shall be coi~tinually Code ~naintained in a`9ilce new" condition and the reinoval of removal of graffiYi shall Enforcement occur within twenty-four (24) hours from tlie Yime of discovery. 4 Thal subject property shall be developed substantially in accordance with plans Plam~ing and speci5cations subinitted Co the City of Aaiaheim by projecC applica~rt and '~ wllich plans are on file with the Plamti~g Department marl<ed Exliibit Nos. 1 tlirough 8 oPConditional Use Permit No. 2008-05343, and as coz~ditioned l~erein. 5 Tliat approval of this application consCiYutes approval of the proposed request Plamiing only to the extent that it complies ~vith the Anaheim Municipal Zaning Code and any other applicable City, State a~~d Federal regiilations. Approval does not include any action or findings as ko compliance or approval of the request ' regarding any otlier applicable ordinance, regulation or requirement. 6 That Cimi»g for compliance witla condirions of approval may be ameiided by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfes tlie original intent and purpose of tlie condition(s), (ii) the modification complies with Yhe Anai~ein~ Municipal Code and (iii) tlte applicant has demonstrated significant progress toward estaUlishment of tlie use or approved development. - 5 - PC2008-77