Resolution-PC 2003-163• .
RESOLUTION NO. PC2003-163
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2003-04584 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 IN THE CITY OF ANAHEIM AS SHOWN ON PARCEL MAP 87-144
FILED IN BOOK 228, PAGE S 29 AND 30 OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF
CLAUDINA STREET AS VACATED BY RESOLUTION NO. 89R-4 RECORDED
FEBRUARY 1, 1989 AS INSTRUMENT NO. 89-056699 SHOWN AS PARCEL 2
OF LOT LINE ADJUSTMENT PLAT NO. 202, RECORDED DECEMBER 8, 1989,
AS INSTRUMENT NO. 89-666683.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 1, 2003, 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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:
sign:
That the petitioner proposes waiver of the following to construct an additional monument
Sections 18.05.093.040 - Minimum distance between freestandinq and monument siqns.
and 18.45067 (300 feet required; 130 feet proposed on Anaheim Boulevard between an
existing freestanding sign and the proposed monument sign)
2. That there is a special circumstance applicable to this property consisting of its shape
which does not appfy to other identically zoned property in the vicinity due to its irregular property lines
which provide limited opportunities for sign visibility and placement; and that the proposed monument
sign is appropriate based on the large amount of strest frontages this particular property has.
3. That strict application of the Zoning Code would deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
~k. 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.
5. That the requested variance will not be materially detrimentaV to the public welfare or
injurious to the property or improvements in such vicinity and zone in which subject property is located.
6. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
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:
1. That the final site plan for the proposed monument sign, which shows conformance with Engineering
Standard No. 137 pertaining to visibility, shall be submitted to the City Traffic and Transportation
Manager for review and approval. Said information shall be specifically shown on the plans
submitted for the sign permit.
2. That the proposed sign shall be developed with the numeric street address (in minimum nine (9) inch
high fetters) on a minimum eighteen (18) inch high sign base. The sign shall be located within a
landscaped area that is equal in size to at least one-half (0.5) the total area of the proposed sign, in
compliance with Code requirements. Said information shall be specifically shown on the plans
submitted for the sign permit. The plans submitted for the sign permit shall also include the
modifications required for the existing freestanding sign as described in Condition No. 8, below.
3. That the monument sign shall be maintained in a'like-new' condition and free of graffiti at all times.
4. That subject pr_op-erty shall be d.evel.o.ped substantially in accordance with plans and s_~ecifications
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.
5. That prior to issuance of a permit for the proposed monument sign or within a period of one (1) year
from the date of this Resolution, whichever occurs first, Condition Nos. 1 and 2, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
6. That prior to final building and zoning inspections Condition Nos. 4 and 8, herein-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. Approvai does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
8. That the existing freestanding sign located on the south side of the building facing Lincoln Avenue
shall be modified to incorporate design features and materials consistent with the proposed sign,
including the brick work on the sign supports.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 1, 2003. +-
ATTEST:
ON, ANAHEIM CITY PLANNIN~ COMMISSION
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 1, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13 S~ day of
~ r~P ~, b~r , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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