Resolution-PC 2010-119RESOLUTION NO. PC2010 -119
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO VARIANCE NO. 2009 -04788 AND AMENDING
CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2009 -78
(TRACKING NOS. VAR2009 -04788A AND DEV2009- 00015)
(3460 EAST LA PALMA AVENUE)
WHEREAS, on September 14, 2009, the Anaheim City Planning Commission,
by its Resolution No. PC2009 -78, did approve Variance No. 2009 -04788 to install new wall
signs and freestanding monument signs for a Kaiser Hospital campus where the number, size,
location, and height of the signs exceeded Code requirements; and
WHEREAS, the 27 -acre property is currently developed with a 4 -story medical
office building and is located in the SP 94 -1, D.A. 4 zone (Northeast Area Specific Plan; Transit
Core Area) and the General Plan designates this property for Institutional land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Variance No. 2009 -04788 to construct new freestanding
directional signs for a Kaiser Hospital campus where the size and height of three signs
exceed Code allowances for that certain real property situated in the City of Anaheim,
County of Orange, State of California, as particularly shown on Exhibit "A ", attached hereto
and incorporated herein by this reference (the "subject property "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 22, 2010, at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said 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 an amendment to the variance, does find
and deterrnine the following facts:
1. That the applicant requests a variance from the following development standards
to construct new freestanding directional signs for a Kaiser Hospital campus:
(a) SECTION NO. 18.44.110.020
(b) SECTION NO. 18.44.110.020
Maximum size of directional signs (4
square feet permitted; 11 and 41
square feet proposed).
Maximum height of directional signs
(4 feet high permitted; 5 and 9 feet
high proposed).
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2. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, due to the large size and depth of the property, long
distance of the buildings from the street, frontage on two streets, and the unique regional nature
of the hospital compared to other businesses in the vicinity.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Class 11 Categorical
Exemption in connection with Variance No. 2009 -04788 is adequate to serve as the required
environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated, does hereby approve the proposed
amendment of Variance No. 2009 -04788 to construct new freestanding directional signs for a
Kaiser Hospital campus for the property located at 3460 East La Palma Avenue, as
requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2009 -78, adopted in connection with Variance No. 2009-
04788 to read as shown in Exhibit `B" attached hereto and incorporated herein by this
reference, which conditions are hereby found to be a necessary prerequisite to the proposed
use of the subject property in order to preserve the health and safety 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 Anaheim Municipal 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 (s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2009 -78, approving Variance No. 2009- 04788, shall remain
in full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim
Municipal Zoning 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.
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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 22, 2010. 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 q appeal.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on November 22, 2010 by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 22'' day of November, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV2009 -00015
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
110421
PC201 0 -119
EXHIBIT `B"
AMENDMENT TO VARIANCE NO. 2009-04788
(DEV2009- 00015)
REVIEW BY SIGNED OFF
NO. CONDITIONS OF APPROVAL BY
GENERAL
1 The subject property shall be developed
substantially in accordance with plans and
specifications submitted to the City of
Anaheim by the applicant and which plans are
on file with the Planning Department marked
Exhibit Nos. 1 through 25 (sign program
previously - approved by the Planning
Commission on 9/14/09) and Exhibit Nos. 26
through 30 (sign program for freestanding
directional signs).
Planning
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