Resolution-PC 2011-088RESOLUTION NO. PC2011 -088
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2011 -04862
(DEV2011- 00085)
(5759 SANTA ANA CANYON ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from the sign code to allow two
additional wall signs where one sign is permitted for certain real property zoned General Commercial,
(C -G) Scenic Corridor Overlay (SC) zone and the Anaheim General Plan designates this property for
General Commercial land uses;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 21, 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 "Procedures ", 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. That the applicant requests a variance from the following development standards to
construct two additional wall signs for a Mother's Market & Kitchen grocery store:
SECTION NO. 18.18.090.050.0501 Maximum number of wall signs (1 sign
permitted; 3 signs proposed).
2. That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings. The signs would have very limited visibility from the adjacent
roadways due the size, shape and orientation of the shopping center property. The visibility of these
signs is primarily limited to on -site traffic and pedestrians. Therefore, the visual impact of these
signs would not conflict with the intent of the Scenic Corridor Overlay Zone which is to promote
development that does not detract from the area's natural scenic beauty.
3. Because of the conditions described above, strict application of the Code would
deprive the property of privileges enjoyed by other properties under the identical zoning classification
in the vicinity.
1 PC2011 -088
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) 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 Anaheim City Planning
Commission, for the reasons hereinabove stated, does hereby approve the Variance No. 2011 -04862
to construct two additional wall signs for the Mother's Market & Kitchen grocery store. 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 Variance 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 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.
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 or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of
the approval of this application.
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THE FOREGOING RESOLUTION ` as a
of November 21, 2011.
ATTEST:
+ 9 9
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
pted at the Planning Commission meeting
CHAIRMAN, ANAHE 1 CITY PL ING 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 21, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 PC2011 -088
APN: 358 - 191 -12
EXHIBIT "A"
DEV NO. 20H -00085
-4
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
PC2011 -088
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED OFF
By
GENERAL
1
The 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 No. 1
(Sign and Elevation Plans) and as conditioned
herein.
Planning
EXH1
IT
66
99
VARIANCE NO. 2011-048 62
(DE V2011-00085)
-_5- PC2011 -088