Resolution-PC 2001-44•
RESOLUTION NO. PC2001-44
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04430 BE GRANTED
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:
PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 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 April 23, 2001, at 4:30 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. ~hat the petitianer proposes waiveF of th~ following to-co~str-uct a commercial
identification (monument) sign:
Sections 18.05.091.010 - Permitted commercial center identification siqn.
18.05.091.010.011 (one maximum 26 sQUare-foot sinqle-faced sign on a maximum 3-foot hiqh
18.05.091.010.012 decorative-tvpe wall permitted per street frontage in the Scenic Corridor
18.05.091.010.014 Zone Overlay;
and 18.84.062.040 one 62 square-foot double-faced (31 square feet per face) 7-foot. 4-inch
hiph monument sian proposed)
2. That the above-mentioned waiver is hereby granted on basis that there are special
circumstances applicable to the property consisting of shape, location and surroundings which do not
apply to other identically zoned property in the vicinity because the property has no direct access to Santa
Ana Road, and visibility is restricted by an existing riding and hiking trail, and a large tree located near the
intersection of Santa Ana Canyon Road and Avenida Margarita.
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in the vicinity in the identical zone and classification because a limited number of sign
variances have been approved in the vicinity of subject property based on special circumstances
applicable to those properties.
4. 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.
5. That the requested variance 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.
6. That the requested variance 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.
CR5066PK.doc -1- PC2001-44
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7. 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
does hereby grant subject Petition for Variance, upon 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:
That the monument sign shall be limited to one (1), sixty two (62) square-foot, double-faced sign
(thirty one (31) square feet per face) having maximum dimensions of seven feet four inches (7' 4")
high by eleven feet six inches (11' 6") wide; and that the sign copy area shall not exceed thirty one
(31) square feet per face. Identification on the sign shall be limited to the name of the commercial
center and one (1) tenant. Said information shall be specifically shown on plans submitted to the
Building Division for permits. Any changes to the design of the sign shall be reviewed and approved
by the Planning Commission as a"Reports and Recommendations" item.
2. 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 and 2, and as conditioned herein.
That an encroachment license shall be obtained from the Public Works Department for the location
of the sign within the public sewer easement. In the event that an encroachment license is not
approved by the Public Works Department, the sign shall be located outside the public sewer
easement.
4. That landscaping in the area surrounding the proposed monument sign shall be refurbished.
5. That prior to issuance of a permit or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1 and 3, 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.
6. That prior to final building and zoning inspections, Condition Nos. 2 and 4, above-mentioned, shall
be complied with.
7. 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 23, 2001. ~ ~ n
CHAIRPERSON, A~1f,~t~~IM'CITY PLANNING COMMISSION
ATTEST:
0 s~-+~,o-~ -
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of
YY1- , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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