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Resolution-PC 2002-178~ • RESOLUTION NO. PC2002-178 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04543 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 1: THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE SOUTH 15.00 FEET OF THE EAST 240.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS PER IV1AP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS 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 December 16, 2002, 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 waiver of the following to permit two hotel identification wall signs to be located on adjacent building elevations: Section Nos. 18.79.146.010 - Hotel Sign Standards Matrix. and 18.79.146.901 {Two hotel identificatio~ wall signs located on non-adiacent building elevations permitted; two wall signs located on adiacent building elevations proposed) 2. That the above-mentioned waiver is hereby granted on basis that strict application of the Zoning Code would deprive the property of privileges enjoyed by other property within the Hotel Circle Specific Plan Zone because the Candlewood Suites hotel, which is under construction, will be set back further (30 to 46 feet) from Anaheim Boulevard than the adjacent Peacock Suites hotel (10 feet) which is also located in the Hotel Circle Specific Plan Zone but was constructed prior to adoption of the Hotel Circle Specific Plan, which requires a wider 20-foot setback along Anaheim Boulevard. CR5513DM -1- PC2002-178 ~ • 3. That there are special circumstances applicable to the property consisting of its location and surroundings which do not apply to other identically-zoned properties in the vicinity because an existing fence on the Red Roof Inn property to the north is located the same distance (approximately 20 feet) from the Anaheim Boulevard public sidewalk as the Candlewood Suites monument sign; and that the location of the Peacock Suites building (10 feet from the sidewalk) and the existing Red Roof Inn fence both constrain visibility of the Candlewood Suites monument sign, thereby adding ta the necessity for wall signage. 4. That in the surrounding Anaheim Resort Specific Plan Zone, sign waivers have been approved in the past where it was shown that at no point would wall signs on adjacent building efevations be fully visible and legible at the same time (waivers were approved for two signs on adjacent building elevations at the Holiday Inn and at the Staybridge Inn and Suites, both on Manchester Avenue); and that the two proposed wall signs on the east and north buitding elevations of the Candlewood Suites hotel will be consistent with the intent of the Code because only one sign will be fully visible and legible at any one point along Anaheim Boulevard or Disney Way. 5. 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. 6. 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. 7. That the requested variance will. not be materiall.y detrimen.tal to..the public-welfar-e or - injurious to the property or improvements in such vicinity and zone in which the property is located. 8. 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 generaf welfare of the Citizens of the City of Anaheim: 1. That the subject property shall be developed substantially in accordance with the plans and specifrcations submit4ed to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3. 2. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipai Zo~ing 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 applicanYs 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. -2- PC2002-178 ~ i THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 2002. " lt~~~ - CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: /~'~'s~-+-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 December 16, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NON.E . _ - IN WITNESS WHEREOF, I have hereunto set my hand this 31s?'" day of -~ec G v~-beJc~ , Zoo2. ~~~.-~. i~l?-~-a-~..~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-178