Resolution-ZA 1992-13• •
DECISION NO. ZA 92-13
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4173
DATE OF PUBLIC HEARING: February 20, 1992, continued to the meeting of
March 5, 1992
OWNER: ROD FRASER ENTERPRISES, INC.
1320 North Manzanita Street, Orange, CA 92667
AGENT: SIGN CITY
1030 West Collins, Orange, CA 92667
Attention: Dave Richman
LOCATION: 5665 East Santa Canvon Road
CEQA STATUS: Categorical Exemption, Class 11
OPPOSITION: No one indicted their presence at the public hearing in
opposition and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.020 to construct a 56 sq.ft. wall sign on the north
elevation of the existing restaurant:
SECTION 18.05.091.020 - Maximum number of permitted wall signs.
18.44.067 (1 permitted; 3 proposed)
and 18.84.062.040
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced
petition and a public hearing having been duly noticed for and held on the date
set forth above, I do hereby find:
1. That there are special circumstances applicable to the property consisting
of size, topography, surroundings and building location, which do not
apply to other identically zoned properties in the vicinity;
2. That the down-slope, the grade difference and the angles of visibility
between subject property and the adjacent street and freeway off-ramp, as
well as the deep building setback from said street and off-ramp, make it
difficult to see more than one restaurant wall sign at a time;
3. That vehicular access to subject restaurant (from Santa Ana Canyon Road
only) is located at a substantial distance and out-of-sight of the
restaurant and it is, therefore, difficult for potential patrons to find
the restaurant; and the proposed wall signs will serve to identify the
business to traffic on the freeway off-ramp, on Imperial Highway and in
the parking lot adjacent to the restaurant; and
ZA-4173
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ZA 92-13
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Page 2
.Variance No. 4173
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning
classification in the vicinity because of the topographical changes
between the restaurant and adjacent streets, the deep building
setback from adjacent .streets, the location of the restaurant on
subject property which is large and irregularly-shaped, and the
restricted access to the restaurant.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning
Administrator has reviewed the proposal for ,waiver of maximum number of
permitted wall signs to construct a 56 sq.ft. wall sign on an
irregularly-shaped parcel of land consisting of approximately 5.0 acres
located at the .northwest corner of Santa Ana Canyon Road and Imperial
Highway, having approximate frontages of 710 feet on the north side of
Santa Ana Canyon Road and 500 feet on the west side of Imperial Highway,
and further described as 5665 East Santa Ana Canyon Road (Don Jose's
Restaurant); and that 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 EIR
Guidelines and is, therefore, categorically exempt from the requirement to
prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine
to APPROVE Variance No. 4173, subject to the following conditions:
1. 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 and 2, and Revision No. 1 of Exhibit Nas. 3 and
4; provided, however, that the wall signs shall be limited to
identifying the restaurant name only.
2. That within a period of one (1} year from the date of this decision,
Condition No. 1, 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.
3. 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.
ZA-4173 -2- ZA 92-13
Page 3
Variance No. 4173
This decision is made, signed, and entered into the file this twelfth day
of March, 1992. _
G2~
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City
council, in writing, accompanied by an appeal fee, is filed with the City
Clerk within 15 davs of the date of the signing of this decision or unless
members of the City Council shall request to review this decision within
said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of
perjury that on the date set forth below, I did deposit, in the United
States Mail, a copy of the decision to the applicant and did forward a copy
to the City Clerk.
DATED: March 12, 1992
Pamela H. Starnes
Administrative Assistant
ZA-4173 -3- ZA 92-13