Resolution-PC 2001-130C~
RESOLUTION NO. PC2001-130
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04453 BE GRANTED, IN PART
WHEREAS, the Anaheim City 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
described as:
PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP NO. 86-151 FILED IN BOOK 217,
PAGES 11, 12 AND 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 10, 2001, at 1:30 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 18.03, 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 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 petitioner proposes waivers of the following to permit and construct a second
monument sign for an existing auto dealership on a property with less than 600 feet of frontage:
(a) Sections 18.05.093.010 - Maximum number of monument signs.
and 18.44.067
(b) Sections 18.05.093.030 - Permitted location of monument siqns.
and 18.44.067
(c) Sections 18.05.093.040 - Minimum distance between monument siqns.
and 18.44.067 (300 feet required; 210 feet proposed)
(d) Sections 18.05.093.060 - Maximum siqn width.
and 18.44.067 (10 feet permitted for monument signs; 13 feet-1 inch proposed)
2. That waivers (a) and (b), maximum number of monument signs and permitted location of
monument signs, are hereby denied on the basis that they were deleted following public notification.
3. That waiver (c), minimum distance between monument signs, is hereby approved on the
basis that there is a unique constraint applicable to the property consisting of its shape, location and
surroundings, which does not apply to other identically zoned properties in the vicinity, but which limits
placement of a monument sign on this property; and that the proposed location is at the southeast corner
of the property adjacent to the Phoenix Club Drive/Auto Center Drive intersection.
4. That waiver (d), maximum sign width, is hereby denied on the basis that there are no
special circumstances applicable to the property such as size, shape, topography, location or
surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code does not deprive the property of sign privileges enjoyed by other
properties under identical zoning classification in the vicinity.
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5. That strict application of the Zoning Code would deprive the property of sign privileges
enjoyed by other properties under identicai zoning classification in the vicinity.
6. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone.
7. That the requested variance, as approved, is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and
denied to the property in question.
8. That the requested variance, as approved, will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the property is
located.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
- do~s hereby gran~subjeet Pe~tEion #or VaFianse, i~ pa~t, upan the #ollo-wing. conditions whick~_ ar.e 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 the proposed sign shall be developed with the numeric street address at the base in minimum
nine (9) inch high numbers; and that the sign shall be located within a landscaped area that is
equivalent to at least one-half (0.5) the total area of the sign, in compliance with Section 18.05.076 of
the Anaheim Municipal Code pertaining to Freestanding and Monument-Type Signs - General. Said
information shall be specifically shown on the plans submitted for building permits.
2. That the monument sign shafl be maintained in a"like-new" condition and shall be kept free of graffiti
at all times.
3. That 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 Nos. 1, 2 and 3; provided, however, that the maximum width of the
monument sign shall not exceed ten (10) feet as permitted by the Zoning Code, and 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 Section
18.03.090 of the Anaheim Municipal Code.
5. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be
complied with.
6. 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2001. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~.,~-,~ ~-.~c~°
SECRETARY, ANAHEfM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
- ce~tify ~ktat ~he #oregoing resol~~io- n was passed and--adopted at_a meeting_ of the Anaheim City Planning
Commission held on September 10, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN
NOES: COMMISSIONERS: KOOS, VANDERBILT
ABSENT: COMMISSIONERS: NONE
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
~ C' ~ a~ dL , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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