Resolution-PC 2006-41• •
RESOLUTION NO. PC2006-41
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2006-04681 BE GRANTED
(200 W EST ALRO WAY)
WHEREAS, theAnaheim Planning Commission did receive a verified Petition for-
Variancefor certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 122, PAGES 11 AND 12 OF
PARCEL MAPS, IN THE OFFICE 0F THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
- " WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City bf Anaheim on May 15, 2006, at 2:30 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 18.60, to
hearand consider evidence for and against said proposed conditional use permit and to investigate and ,
make findings and recommendations in connection therewith;' and that said public hearing was continued
from the April 3, and May 1, 2006, Planning Commission meetings; and
- WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its 6ehalf, and after due consideration of all evidence and reports offered at said hearing, '
does find and determine the following facts:
1: That the applicant proposes waivers of the following to retain one non-conforming
business identification pole sign with electronic message board and one non-conforming business
identification wall sign:
(a) SECTION N0.18.114.130.020.0207.01 Continuation and termination of leqal
non-conforminq siqns
(Pole sign and message board sign
prohibited as of December 31; 2005;
one 50 foot high pole sign with `
electronic message board proposed to
remain until December 31, 2019)
(b) SECTION NO. 18.114.130.060.0604 Maximum letter heiqht for wall siqnaae
24 inches (for registered trademark
name) permitted; 3 foot to 4.67 foot high
letters existing)
2. That waiver (a) pertaining to the continuation and termination of legal non-conforming
signs is hereby approved to expire on December 31, 2019, as the site is uniquely constrained the location
because it has been impacted by road and freeway reconfigurations that have occurred as apart of the
revitalization of widening of the I-5 (Santa Ana) Freeway. The building is located on Alro Way which is
not a through street (a cul-de-sac that dead ends into the freeway). Unlike other similar retail stores, the
property is not located on a major arterial street and the location does not make it as easily accessible by
vehicle or pedestrian traffic. Given the facility's close proximity to the Interstate 5 freeway, the store relies
upon passing freeway traffic to attract customers. In the 1990's when the I-5 Santa Ana Freeway was
widened the property lost a significant portion of its frontage. When the property was first built, the
entrance to the facility was purposely oriented towards Manchester Avenue, which was the main access
road; the freeway widening eliminated the property's frontage along this road. Strict application of the
zoning code would deprive the property of privileges enjoyed by other retail properties that do not have
these site constraints.
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3. That waiver (b) pertaining to maximum letter height for an existing sign is hereby
approved as the site is uniquely constrained by its irregular shape and has been impacted by the
widening of the I-5 (Santa Ana) Freeway and the reconfiguration of Manchester Avenue. Additionally, this
is the only wall sign on the property and there have been other properties within the Resort area that have
been granted a waiver of maximum letter height. Therefore, strict application of the zoning code would
deprive the property of privileges enjoyed by properties that do not have these site constrains
4. 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: That the Anaheim Planning
, Commission has reviewed the proposal to waive (a) continuation and termination of legal non-conforming
signs and (b) maximum letter height for a wall sign and has determined that the proposed project falls
within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as '
defined in the State CEQA (California Environmental Quality Act) guidelines and is, therefore,
, categorically exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
here6y grant subject Petition for Variance, upon the following conditions which are hereby found tto be a
necessary prerequisite to 4he 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 pole sign and message board shall be removed by December 31, 2019.
2. That the subject property shall be maintained substantially in accordance with the sign plans and :
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit No. 1 and as conditioned herein.
3. That approval of this application constitutes approval of the proposed request only#o the extent
that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of fhe
request regarding any other applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the Anaheim 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.
- BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and m be replac - y a City Council
Resolution in the event of an appeaL
CHAIR , ANAHEIM PLANNING COMMISSION
ATTEST:
i~~%// ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-41
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM , )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 15; 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, VELASQUEZ'
NOES: ` COMMISSIONERS: NONE
ABSENT: COMMISSIONERS:. ROMERO
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF; 1 have hereunto set my hand this ~h ~ day of
, 2006.
,
J~i(~': !/ A'r'~`"~.
z/C_~'
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION