RES-2007-166RESOLUTION NO. 2007 -166
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 2007 04725.
WHEREAS, after a request for variance to permit a new wall sign for an existing
CVS Pharmacy with a waiver of the maximum letter height was received, a public hearing before the
Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which
Variance No. 2007 -04725 was denied covering the following described property:
PARCELS 4 AND 5 AS SHOWN ON A PARCEL MAP RECORDED
FEBRUARY 20, 1970 IN BOOK 27, PAGE 41 OF PARCEL MAPS,
COUNTY OF ORANGE, STATE OF CALIFORNIA. ALSO KNOWN
AS PORTIONS OF LOTS 3 AND 4 OF TOWNSENDS SUBDIVISION,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP THEREOF, RECORDED IN
BOOK 5, PAGE 40, MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY.
WHEREAS, thereafter, within the time prescribed by law, an interested party or the
City Council, on its own motion, caused the review of said Zoning Administrator action at a public
hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby
make the following findings:
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1) above, strict application of
the zoning code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby, granted to permit a new wall
sign for an existing CVS Pharmacy on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION NO. 18.44.110.010.0103 Maximum letter height (24 inches permitted; 40
inches proposed)
BE IT FURTHER RESOLVED that said variance be granted subject to 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 all on -site signage shall be maintained in "like -new" condition at all times.
2. That forty (40) inch high signs shall be permitted for all tenant spaces in the
commercial center with a minimum floor area of 10,000 square feet. All tenant spaces with a floor
area of less than 10,000 square feet shall comply with Zoning Code requirements pertaining to wall
signage.
3. That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit No. 1, as conditioned herein.
4. That prior to issuance of a building permit, or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 1, above mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code.
5. 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 City Council of the City of Anaheim 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.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 21st day of August, 2007, by the following roll call vote:
AYES: Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: Mayor Pringle
66444.1
By:
CITY OF ANAHEIM
MAYOR OF THE L'1'I Yid ANAHEIM