Resolution-ZA 1993-21• i
DECISION NO. ZA 93-21
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4221, IN PART
OWNER: F.J. HANSHAW
10921 Westminster Avenue
Garden Grove, CA 92643
AGENT: KARL KORDIK
10921 Westminster Avenue
Garden Grove, CA 92643
LOCATION: 1112 North Brookhurst Street
CEQA STATUS:. Categorical.Exempt, Class 11
DATE OF PUBLIC HEARING: March 18, 1993
OPPOSITION:. No one indicated their. presence at the. public hearing in opposition to the proposal,
and no correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following under authority of Code Section
18.12.060.020 to construct a 92 sq.ft. 25-foot high freestanding pole sign:
(a) Sections 18.05.093.021.0211 - Maximum number of freestanding_si ns.
18.05.093.021.0212 L proposed; 2 permitted)
and 18.44.067
(b) Sections 18.05.093.023 - Permitted location of freestandin signns.
18.05.093.0231 (Minimum 33 feet from interior property line
and 18.44.067 permitted, 28 feet .proposed; and
Minimum 300 feet between signs required,
27 feet proposed)
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 public hearing having
'been duly noticed for and held on the date set forth above, I do hereby find:
L That waiver (a) is hereby denied on the basis that the existing free-standing sign (advertising a
liquor store) .adjacent to Brookhurst Street and projecting through the commercial building.
roof is located too close to the proposed sign (less than 40 feet separation, minimum 300 feet
required); that the Brookhurst Street. frontage is too narrow for two free-standing signs (82
feet existing, 600 feet required); and that, therefore, the liquor store sign hall be removed
.prior to construction of the proposed free-standing sign adjacent to the driveway on
Brookhurst Street; thereby allowing a maximum of two (2) free-standing on subject property:
..retaining an existing sign on La Palma Avenue and the proposed sign on Brookhurst Street;
za-4221.wp page 1 ZA 93-21
• •
2. That waiver (b) is hereby granted on the basisthat the request is minimal amounting to only a
15% deviation from the required setback from an interior property line and only a 10%
..deviation from the required distance between freestanding signs; and on the basis that there is
a special circumstance applicable to the property consisting of its shape which does not apply
to other identically zoned properties in the vicinity because subject property is "L"-shaped
with relatively narrow frontages on two different arterial highways;
3. That waiver (b) is further granted on the basis that although both free-standing signs are
twenty five feet high, they will be clearly visible only from the street on which they're located
because. the service station buildings located at the immediate northeast corner of La Palma
Avenue .and Brookhurst Street block visibility between the two street frontages; and
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in :identical zoning classification in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal. for waivers of maximum number of free-standing signs and permitted location
of free-standing signs to construct a 92 sq.ft. free-standing pole sign on anirregularly-shaped parcel
of land consisting of approximately 0.91 acre located north and east of the northeast corner of La
Palma Avenue and Brookhurst Street, with approximate frontages of 127 feet on the north side of La
Palma Avenue and 83 feet on the east side of Brookhurst Street, and further described as 1112 North
Brookhurst Street; 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 of California Environmental Impact Report (ElR) Guidelines and is, therefore, categorically
exempt from the requirement to prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4221, in part, subject to the following conditions:'
1. The contractor shall not install any sign within ten (10) feet of .any overhead power lines, and
.that the contractor shall contact the Underground Service Alert prior to any digging.
2. That plans shall be submitted to the City Traffic and Transportation Manager for his review
and .approval showing conformance with Engineering Standard No. 137 pertaining to sight
distance visibility for signlocations.
3. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be
submitted to :the Department of Maintenance for review and approval.
4. That the proposed free-standing sign shall not project into the ultimate right-of-way along
Brookhurst Street, and that the plans submitted to the.Building Division shall so-indicate..
5. That the existing free-standing sign (advertising a liquor store) located adjacent to Brookhurst
Street and projecting through the commercial building roof shall be removed.
za-4221.wp page 2 ZA 93-21
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 and 2; provided, however, that only
two (2) free-standing signs shall be permitted, one existing sign on La Palma Avenue and one
new sign on Brookhurst Street replacing an existing sign which projects through the
commercial building roof.
7. That prior to issuance of a permit for the proposed free-standing sign or within a period of
one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 4
and 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.
8. 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.
This decision is made, signed; and entered into the. file this 25th day of March, 1993.
G~`
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become finalunless an appeal to the City.Council, in writing,
accompanied. by an appeal .fee, is filed with the City Clerk within 15 days of the date of the signing of
this decision or unless members of the Ciry 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 forwazd a copy to .the Ciry Clerk.
DATE: March 25, 1993 1~~~2??~~~/ ~~~e~.~
Pamela H. Starnes
Administrative Assistant
za-4221.wp page 3 ZA 93-21