Resolution-PC 2004-59• •
RESOLUTION NO. PC2004-59
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2004-04605 BE GRANTED
(8180 EAST OLD CANAL.ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain reaiproperty situated in the City of Anaheim, County of Orange, State of California
described as
ALL THAT PORTlON OF PARCELS 2AND 3 OF PARCEL MAP NO. 87-416, RECORDED
IN BOOK 242, PAGES 1 THROUGH 4 iNCLUSIVE OF PARCEL MAPS, LYING WITHIN
PARCEL 3 OF THAT CERTAIN LOT LINE ADJUSTMENT N0. 297, RECORDED MAY 16,
1994 AS INSTRUMENT NO. 94-0335958 OF OFFICIAL RECORDS, BOTH IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
fhe City of Anaheim on May 17, 2004, 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 construct two additional wall signs in -
conjunction with a self-storage facility:
SECTION NO. 18.05.091 A20 - Maximum number of wall siqns within the (SC)
Scenic Corridor Overlav Zone (One wa!! sign
permitted; two wall signs proposed [for a total of
three on adjacent building elevations).
2. That the above-mentioned waiver of signage is hereby granted on basis that there are
special circumstances applicable to the property such as size, shape, topography, location and surroundings
which do not apply to other identically zoned property in the same vicinity; and that strict application of the
Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and
classification in the vicinity.
3. 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.
4. 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.
5. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity that have been granted similar sign
variances.
6. That the topography of the site creates a hardship due to its elevation below the SR-91
(Riverside) Freeway thereby reducing the property's visibility; and that the site is constrained by its difficult
access from Weir Canyon Road.
7. That no one indicated their presence at said publicfiearing in opposition; and that no
correspondence was received in opposition to subject petition.
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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, Section 15301, Class 11 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, 8E 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 on-site signage shall be maintained in "like-new" condition and free of graffiti at ail times.
2. That no additional permanent or temporary advertising of any type whatsoever shall be displayed on
thewalls that will contain the sign(s) approved by this variance.
3. Thatsignage may only be lighted between the hours of 8:00 a.m. to 8:00 p.m.
4. ThBt the subjeCt properfy shall be developed substantiatly 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 through 3, and as conditioned herein.
5. That the final sign plans shall be submitted to the Zoning Division for review by the Planning
Commission as a Reports and Recommendations item incorporating the suggestions at the public
hearing including the smalier font for the "seif storage" part of the wall signs.
6. 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 No. 5, 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.
7. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shall be
complied with.
8. That approva! 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 al! 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 t the Planning Commission meeting of May
17, 2004.
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C AIRPERSON, ANAHEIM CITY PLANNI G COMMISSION
A'
ENIOR S€CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, 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 May 17, 2004, by the following vote of the members thereof:
AYES:` COMMISSIONERS: EASTMAN,FLORES; O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICKAND BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this b"- day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2004-59