Resolution-PC 2002-4• ~
RESOLUTION NO. PC2002-4
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04461 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:
BEGINNING AT A POINT IN THE CENTERLINE OF EATON WAY 40.00 FEET WIDE,
AS DESCRIBED iN DEED RECORDED iN BOOK 852, PAGE 82 OF OFFiCIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DISTANT ALONG SAID CENTER LINE SOUTH 00° 28' 07" WEST 420.59
FEET FROM THE CENTERLINE OF BALL ROAD, 60.00 FEET WIDE, AS DESCRIBED
IN SAID DEED; SAID POINT ALSO BEING THE NORTHEASTERLY TERMINUS OF
THAT CERTAIN COURSE DESCRIBED AS A CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 1000.00 FEET IN PARCEL 3A OF THE FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 145653, A CERTIFIED COPY OF
WHICH WAS RECORDED MARCH 23, 1967 IN BOOK 8206 PAGE 807 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID
CURVE FROM A TANGENT WHICH BEARS SOUTH 56° 59' 23" WEST. THROUGH A
CENTRAL ANGLE OF 35° 53' 58" AN ARC DISTANCE OF 626.56 FEET TO THE
CENTERLINE OF TAFT AVENUE, 40.00 FEET WIDE AS DESCRIBED IN SAID DEED;
THENCE EASTERLY AND NORTHERLY ALONG SAID CENTERLINES OF TAFT
AVENUE AND EATON WAY TO THE POINT OF BEGINNING.
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the Ciry of Anaheim on January 14, 2002, at 1:30 p.m., notice of said public hearing having
been duty 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 that said public hearing
was continued to the November 5 and December 3, 2001 Planning Commission meetings; 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 construct a seventh sign
(five monument signs existing, one under construction and one freestanding sign proposed) for an
existing auto dealership.
(a) SECTION NO. 18.05.093.010 - Maximum number of signs. (Two freestanding signs
permitted; six freestanding signs - four existing, one
monument sign under construction and one freestanding
sign to be replaced by the proposed monument sign).
(b) SECTION NO. 18.05.093.030 - Maximum sign area. (65 square feet per face permitted; 82
square feef proposed).
(c) SECTION NO. 18.05.093.040 - Minimum distance between freestanding or monument type
signs. (300 feet required; 45 feet proposed).
(d) SECTION NO. 18.05.093.050 - Maximum height of freestanding or monument rype signs. (8
feet permitted; 23 feet proposed).
(e) SECTION NO. 18.05.093.06Q - Maximum sign width. (8 to 10 foot wide sign permitted; 8.66
to 13.1 foot wide sign proposed).
(Variance No. 2001-04461 1 PC2002-4
CR5274DM.doc
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2 That there are special circumstance~ applicable to the property in that property is not
visible and does not have frontage on Ball Road as do other dealerships in the vicinity.
3. That strict application of the Zoning Code would deprive the property of sign privileges
enjoyed by other properties under identical zoning classification in the vicinity, such as the Hardin Honda
dealership to the west.
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 cfass
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; and
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
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 CEQA Guidelines and is,
therefore, categorically exempt from the requirement to prepare additional environmental documentation.
NOV11, THEREFORE, BE IT RESOLVED that fhe Anaheim City Pfanning Commission
does hereby grant subject Petition for Variance No. 2001-04461, 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:
1. That trash storage areas shall be refurbished to comply with approved plans on file with the Public
Works Department. Improvements include, but are not limited to, constructing a roof over the
existing enclosure. Said information shall be specifically shown on plans submitted for building
permit.
2. That the proposed sign shall be developed with the numeric address at the base in minimum nine
(9) inch high letters. That the sign shall be located within a landscaped area that is at least one-
half the total sign area of the sign in compliance with Code requirements. Said information shall
be specifically shown on plans submitted for building permits.
3. That the property owner shall submit a letter requesting termination of Variance No. 4453 (to
construct a second monument sign with waivers of maximum number of signs, permitted location
of signs, minimum distance between signs, and maximum sign width for 1271 Auto Center Drive
(Anaheim Mazda Hyundai) to the Zoning Division.
4. That the plans submitted for building permits for signs E3 and E4 as identified on Exhibit No. 1
sha!! be rsduced 9n size by rernoving the ~pper (r~c#angular) portion of the signs thereby limi#ing
the sign copy area to the remaining portion of each sign. Said information shall be specifically
shown on pians submitted for buiiding permits.
5. That all signs shall be maintained in a"like-new" condition and free of graffiti at all times.
6. 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 and as conditioned herein.
7. 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, 2, 3 and 4 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.
2 PC2002-4
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8. That prior to final building and zoning inspections, Condition No. 6 above-mentioned, shall be
complied with.
9. 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 applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invaiid or unenforceabie 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 w adopted at the Planning Co ission meeting of
January 14, 2002. .
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CHAIRPERSO NAHEIM CITY NNING COMMISSION
ATTEST:
~~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim Ciry Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2- s~ day of
~0. v~ J c,,,r c.t , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2002-4