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Resolution-ZA 2006-19• • RESOLUTION NO. ZA2006-19 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2006-04691 BE APPROVED (1441 SOUTH MANCHESTER AVENUE -QUALITY INN & SUITES) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California as shown on a map filed in Book 91, Page 5 of parcel maps, in the office of the County Recorder of said Orange County. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on August 31, 2006 at 9:30 a.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 "Procedures", 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 Zoning Administrator, 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 applicant requests a waiver of the following to permit and retain two existing wall signs on adjacent elevations of an existing hotel under authority of Code Section No. 18.74.040.020.0214: SECTION NO. 18.116.130.060.0604 Permitted Wall Signs and Sign Standard Matrix Requirements l? hotel identification wall signs located on non-adiacent building elevations permitted; 2 wall signs located on adiacent building elevations proposed) 2. That the above-mentioned waiver is hereby approved on the basis that the property has special circumstances applicable to the property pertaining to the shape, and location because it is located on a street that curves in a manner similar to a corner, thereby limiting visibility for motorists traveling along Manchester Avenue. In addition, the street curve makes it difficult to see both signs simultaneously. 3. That the odd shape of the property and the staggered building design limits wall sign placement options that would allow optimal street and freeway visibility. 4. That the building walls as currently developed, limit the sign re-location possibilities due to the presence of balcony rails and hotel room entrances. 5. That a similar variance request was approved within the vicinity of the property for another hotel with the same zoning classification. 6. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. -1- ZA2006-19 • \J NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator 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 within sixty (60) days from the date of this resolution, the owner of subject property shall submit a letter to the Planning Services Division of the Planning Department requesting termination of Variance No. 2917 (to waive (a) permitted sign location and (b) maximum sign height to construct a free- standing sign) and Conditional Use Permit No. 438 (to establish an office complex for an insurance headquarters with additional related uses, and permit a restaurant with cocktail lounge on ground floor). 2. That the subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3, as conditioned herein. 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. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 Zoning Administrator meeting of August 31, 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 may be replaced by a City Council Resolution in the event of an appeal. DATE AHEIM ZONING A ISTRATOR ATT S NIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- ZA2006-19 5~ I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on August 31, 2006. N WITNESS WHEREOF, I have hereunt set my hand this ~ day of ~, 2006. ~~~~ R. SEC Y, ANAHEIM ZONING ADMINISTRATOR -3- ZA2006-19