RES-2012-152 RESOLUTION NO. 2012 -152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 2012 -04906 AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for a variance, designated as Variance No. 2012-
04906, from the following provision of the Anaheim Municipal Code (the "Code "), to permit the
construction of a wall sign larger than permitted by the Code for certain real property located at
2995 East White Star 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 "):
SECTION NO. 18.44.110.010.0105 Maximum sign area for wall signs.
(70 square feet permitted; 150 square feet
proposed)
WHEREAS, the Property is located within a complex consisting of approximately 4.95
acres and developed with commercial and industrial buildings. The Property is located in the
SP94 -1 Northeast Area Specific Plan, Development Area 2 Zone. The Anaheim General Plan
designates the Property for Industrial land uses; and
WHEREAS, on October 22, 2012, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and
consider evidence for and against proposed Variance No. 2012 -04906 and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, 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, did adopt its Resolution No. PC2012 -076 denying
Variance No. 2012 - 04906; and
WHEREAS, within the time prescribed by law, the Petitioner did appeal the decision of
the Planning Commission to the City Council of the City of Anaheim (the "City Council "),
asking the City Council to reconsider Variance No. 2012 - 04906, as requested by Petitioner; and
WHEREAS, thereafter, the City Council did set said petition for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law for December 18,
2012; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did hold
and conduct a duly noticed public hearing to consider the proposed Variance No. 2012 -04906
and did give all persons interested therein an opportunity to be heard, and did receive evidence
and reports and did consider the recommendations and action of the Planning Commission.
Based thereon, the City Council hereby finds and determines that all of the conditions set forth in
Section 18.74.060 of the Code, which are required for the approval of said variance, are not
present for the following reasons:
1. That there are no special circumstances that apply to the Property, including size,
shape, topography, location or surroundings, which do not also apply to other property under
identical zoning classification in the vicinity because this Property is of similar shape and size as
the surrounding properties in the same zone;
2. That, because of there are no special circumstances applicable to this Property,
strict application of the Zoning Code would not deprive the Property of privileges enjoyed by
other property under identical zoning classification in the vicinity. While other signs on
buildings located adjacent to the subject Property have larger signs than permitted under the
Code, those signs were constructed at a time when the Code permitted larger signs. The Code
has since been amended to purposely limit the size of new signs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that Variance No. 2012 -04906 be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is
governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by Section 1094.6 of
the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
(Remainder of page intentionally left blank; signatures on next page)
2
THE FOREGOING RESOLUTION was adopted at the City Council of the City of
Anaheim this 18th day of December, 2012 by the following roll call vote:
AYES: Mayor Tait, Council Members Brandman, Eastman, Kring and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
B:
Y
MA OR OF THE CITY OF ANAHEIM
ATTEST:
Alb /
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CITY CLERK OF THE CITY OF A AHEIM
92616
3
EXHIBIT "A"
DEV NO. 2012-00088
APN: 344- 421 -22
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