Resolution-PC 2011-084RESOLUTION NO. PC2011 -084
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING VARIANCE NO. 2011-04867
(DEV2011- 00104)
(5703 -5705 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for and
Variance No. 2011 -04864 for that certain real property located at 5703 -5705 East La Palma
Avenue in the City of Anaheim, County of Orange, State of California, as more particularly
shown on Exhibit "A" attached hereto and incorporated herein by this reference; and,
WHEREAS, the subject property is located in the General Commercial (Scenic
Corridor Overlay) (C -G) (SC) zone, and the Anaheim General Plan designates this property for
General Commercial land uses; and
WHEREAS, the proposed request is to permit four wall signs on four
building elevations for an existing commercial retail building. The request includes a variance
for the following:
SECTION NO. 18.18.090.050.01 Maximum number of wall signs.
(2 signs permitted; 4 signs proposed).
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 7, 2011, 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
variance 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, does find and determine the following facts:
1. The requested variance is hereby approved because 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.
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2. Strict application of the Zoning Code deprives the property of privileges enjoyed
by other property under identical zoning classification in the vicinity.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15311, Class 11 (Accessory Structures) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the
reasons hereinabove stated does hereby grant Variance No. 2011 -04867 to permit four wall signs
on the north, south, east and west building elevations, subject to the conditions of approval
herein. 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 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 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.
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.
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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-w s adopted at the Planning Commission
meeting of November 7, 2011. i 7
CHAIRMAN, ANAITEIIVI CITY PLC IN COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 7, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, SEYMOUR
NOES: COMMISSIONERS: LIEBERMAN, RAMIREZ
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011.
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SENIOR SECRET , ANAHEIM CITY PLANNING COMMISSION
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APN: 349 -381 -15
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349 - 381 -10
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EXHIBIT "A"
DEV NO. 2011 -00104
CITY'OF YORBA LINDA
CITY OF ANAHEIM
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2011 -084
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
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This property shall be developed substantially in accordance
with the plans, technical studies and specifications submitted
to the City of Anaheim by the applicant and as conditioned
herein, which includes the Sign Plans dated September 12,
2011 (Exhibit Nos. 1 -3). Said plans and studies are on file in
the Planning Department.
Plannin
Services
Division
EXHIBIT `B"
VARIANCE NO. 2011-04867
(DEV2011- 00104)
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