Loading...
Resolution-PC 2023-006RESOLUTION NO. PC2023-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A MINOR CONDITIONAL USE PERMIT TO MODIFY EXISTING ELECTRONIC READERBOARD SIGNS IN CONJUNCTION WITH AN AUTOMOTIVE -VEHICLE SALES, LEASE, AND RENTAL FACILITY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00073) (5635 East La Palma Avenue) WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning Commission") did receive a verified petition to approve a minor conditional use permit to modify existing electronic readerboard signs (the "Proposed Project") in conjunction with approval of a conditional use permit to permit an Automotive -Vehicle Sales, Lease, and Rental facility, on certain real property located at 5635 East La Palma 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 is approximately 5.52 acres in area and is currently developed with a movie theater building, parking structure, and two restaurant buildings, one of which has a drive-through. The property is in the "SP2015-1" Anaheim Canyon Specific Plan in Development Area 5 (DA5) and the General Plan designates the property for General Commercial land uses. The development standards and regulations of Chapter 18.120 (Anaheim Canyon Specific Plan) of the Anaheim Municipal Code (the "Code") apply to the Proposed Project; and WHEREAS, electronic readerboard signs require a minor conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .0101 of Section 18.44.045 (Minor Conditional Use Permit Required). If approved, the subject minor conditional use permit will permit the modification of two existing electronic readerboards for the proposed Automotive -Vehicle Sales, Lease, and Rental Facility currently being requested in a separate conditional use permit request in connection with the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 27, 2023, at 5:00 p.m., with 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 minor conditional use permit and to investigate and make findings and recommendation 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301— Existing Facilities. Specifically, the readerboards are existing and will not be enlarged or modified beyond aesthetic alterations, the signs will not adversely affect the adjoining land uses, they are not anticipated to cause any detriment to the health and safety of the particular area, and will not impose an undue burden upon the roadways. Therefore, staff has determined that this would be a negligible expansion of the use. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the Proposed Project would be categorically exempt from the provisions 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 with respect to the request for a minor conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a minor conditional use permit is authorized as an allowable use within the Anaheim Canyon Specific Plan under subsection .0101 of Section 18.44.045 (Minor Conditional Use Permit Required) of Chapter 18.44 (Signs) of the Code, subject to a minor conditional use permit to allow for electronic readerboard signs. The two existing signs were approved under a separate conditional use permit for a movie theater. The request to modify the existing readerboards is permitted by a minor conditional use permit if the tenant is considered the major tenant of a minimum three -acre site. The proposed Automotive - Vehicle Sales, Lease, and Rental facility will be operating out of the largest building on the 5.52 - acre site. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area because the electronic readerboards are existing and would only be modified to enhance the aesthetic nature and not increase the size of the signable area. The Proposed Project would be consistent in use and would operate similarly to the adjacent commercial uses in the area. 3. The size and shape of the site are adequate to allow the full operation of the Proposed Project in a manner not detrimental to either the particular area nor to the health and safety of the public because the electronic readerboards are existing and have been in operation since 2016. The proposed modifications to the signs are considered aesthetic in nature and the signable area for advertisement will not increase. 4. The granting of the minor conditional use permit will not generate additional traffic and would not impose an undue burden upon the streets and highways, as they are designed and improved to carry the anticipated traffic generated by the Proposed Project. Additionally, the site will not exceed the anticipated volumes of traffic or daily trips, as the City Traffic Engineering - 2 - PC2023-006 Department has confirmed the findings through the review of a project -specific Trip Generation Memo and Vehicle Miles Traveled (VMT) Screening Evaluation. 5. The granting of the minor conditional use permit would not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would be compatible with the commercial uses in the surrounding area, subject to compliance with the conditions contained herein; 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 negate 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 pursuant to the above findings, this Planning Commission does hereby approve the minor conditional use permit, contingent upon and subject to the conditions of approval set forth 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 for which the minor conditional use permit is applicable 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 of Permit Approval) and 18.60.200 (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 - PC2023-006 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 27, 2023. 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. VICE CHAIRPEP J.S, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2023-006 EXHIBIT "A" DEV NO. 2022-00073 E LA PALMA AVE U a sa mo v reec r, Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/_ two to five feet. PC2023-006 EXHIBIT `B" Minor Conditional Use Permit (DEV2022-00073) PC2023-006 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO BUILDING PERMIT ISSUANCE The appropriate permits for the modification of the electronic Planning and Building readerboard signs shall be obtained from the Building Division. Department, 1 Planning Services Division ON-GOING DURING OPERATIONS The electronic readerboard signs shall not be illuminated Planning and Building between the hours of 11:00 p.m. and 5:00 a.m., seven days a Department, 2 week. Planning Services Division The electronic readerboard displays shall be limited to the Planning and Building advertisement of goods and services offered by the Automobile- Department, Vehicle Sales, Lease, and Rental facility only. Each digital 3 image displayed on the sign shall remain static for at least six Planning Services seconds. All images shall gradually transition from one Division message to the next and no rapidly flashing images shall be allowed. The wall -mounted electronic readerboard sign display shall Planning and Building 4 only be operated when the Automobile -Vehicle Sales, Lease, Department, and Rental facility is open for business. Planning Services Division Signs, banners, balloons or other advertising devices shall only Planning and Building be permitted to the extent allowed by the Zoning Code and the Department, 5 minimum identification required by the California Department Planning Services of Motor Vehicles. Division GENERAL 6 All new landscaping shall be installed by the owner/developer Planning and Building in conformance with Chapter 18.46 "Landscape and Screening" Department, of the Anaheim Municipal Code and shall be maintained in Planning Services perpetuity. Landscaping shall be replaced by the applicant in a Division timely manner if it is removed, damaged, diseased, and/or dead. PC2023-006 PC2023-006 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning Services building permits for this project, whichever occurs first. Failure Division to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 8 The business and all proposed modifications to the electronic Planning and Building readerboards shall be operated in accordance with the Letter of Department, Request and Operation submitted as part of this application. Any Planning Services changes to the business operation and modifications to the Division electronic readerboards as described in these documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 9 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services "Indemnitees") from any and all claims, actions or proceedings Division brought against Indemnitees to attack, review, set aside, void, or annul the decision of the 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. 10 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Department, and as conditioned herein. Division PC2023-006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, 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 February 27, 2023, by the following vote of the members thereof: AYES: Vice Chairperson Henninger, Commissioners Castro, Lieberman, Mouawad, Perez, and Walker NOES: None ABSTAIN: None ABSENT: Chairperson Kring IN WITNESS WHEREOF, I have hereunto set my hand this 27"' day of February 2023, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-006