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Resolution-ZA 2006-37• • RESOLUTION N0. ZA2006-37 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2006-04712 BE GRANTED (3150 WEST LINCOLN AVENUE) 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. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on December 21, 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 on 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 new wall signs for an existing commercial retail center: (a) SECTION NO. 18.44.040.170 Permitted Type of Sign. (DELETED) (b) SECTION NO. 18.44.110.010.0103 Maximum letter height. (24 inches permitted; 48 inches proposed) 2. That the above-mentioned waiver (a) is hereby denied since it has been deleted subsequent to advertisement. That the above-mentioned waiver (b) is hereby approved as the proposed letter height for the wall signs would not have an adverse impact on neighboring properties and the site is unique in that the building setbacks are greater for this site than other surrounding commercial centers and that other similar centers in the area have signs similar to those being proposed. Additionally, staff surveyed nearby commercial centers and identified that due to lot depth, the setbacks for other nearby centers range from 30 feet to 60 feet, and that the subject site has setbacks that range from 20 feet to over 400 feet. Staff also identified a large commercial center in the vicinity with identical zoning classification that had similar setbacks (260 feet from Beach Boulevard) with sign letter height varying from 30 inches to 70 inches. The proposed signs meet all other sign criteria except for maximum letter height, and the signs would be compatible with other existing signs on adjacent properties. 3. That nobody 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 (Accessory Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. 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: That all on-site signage shall be maintained in "like-new" condition at all times. -1- ZA2006-37 • • 2. That all signs on-site shall otherwise comply with Code with regard to size, design, and location. The appropriate building and electrical permits shall be obtained from the Building Division for said signs. 3. That the 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 - 2, and as conditioned herein. 4. 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. 3, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. 5. 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. 6. [Added at the public hearing] That forty-eight (48) inch high signs shall be permitted for all tenant spaces with a minimum floor area of 10,000 square feet. All tenant spaces with a floor area of less than 10,000 square feet shall comply with Zoning Code requirements pertaining to wall signage. 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 December 21, 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. 3 aba ~~ ATE ANAHEIM ZONING ADMINISTRATOR T: v SENIO SECR ARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- ZA2006-37 • • 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 December 21, 2006. IN WITNESS WHEREOF, I have hereun set my hand this 3~ day of 200. v R. SECRE ,ANAHEIM ZONING ADMINISTRATOR -3- ZA2006-37 • RM-4 RCL 63-64-19 VAR 1596 APARTMENTS 30 DU GG RCL 2006-0018 C-G RCL 66-67-47 RCL 63-64-1'. RCL 63-64-37 CUP 2580 CUP 2006-05120 VAR 2692 CUP 912 OIL CHANG VETERINARY ~ ~~ CUP 2747 C-G CUP 1900 CL 63-04-13 I CUP 822 CUP 3534 LiJ ~ CUP 3534 CUP 1783 ~ VAR 2437 Z LLI ~ C-G RCL 6566-96 CUP 1026 Q ' VAR 2752 VAR 1771 Z 1 CAR WASH W I"' - ~ ~ RI1-4 RCL 62-63-96 RPA-4 M VAR 1562 vAR z6so ~ 4 DU EACH CABOT DR RM-4 RCL 62f3-96 VAR 1562 4 DU EACH RM-4 RCL 62-63-19 28 DU RCL 72-73-53 RM-4 RCL 6061-81 VAR 1456 APARTMENTS 20 DU RM-4 RCL 68-09-89 Variance No. 2006-04712 Requested By: METRO PROPERTIES, LLC POLK AVENUE LINCOLN AVENUE 430 ' ' ~ C-G w CUP 2010 ~ TIRE SHOP ~ Q L) Z C-G VAR 1236 S a RCL 57-58-39 ~ T-CUP 2004-04911 CN 97 14 T-CUP 2002-04588 (RCL 58-59-85) T-CUP 2002-04564 (CUP 3003) CUP 2002-04547 (CUP 2926) CUP 2001-04440 (CUP 2194) T-CUP 2000-04209 (CUP 402) I CUP 4114 (CUP 86) CUP 3989 (VAR 1256) ~ VAR 2006-04712 SMALL SHOPS VAR 3784 ^ RM-4 APARTMENTS RCL 84-85-13 VAR 3442 42 DU RS-2 1 DU EACH DEL MONTE DR C-G .mn ~ RCUP2B23 U¢$~~~~~~ CUP 731 ° ~ v ~ VAR 2252 5 ~ SMAL SHOPS s ~ RM-3 RCL 87-88-34 ~~i ~ VAR 3741 EAC ~ o nV Nmn ~= T U U~ 0' Q'N rn tr RS3 U RCL 9 -00-13 ~ RCL 2000-40 ~ RS2 1 DU EACH RS2 VAR 2907 1 DU CH RS2 1 DU EACH N RS-2 N 1 U EACH Rs-2 N 1 U EA H ~~ y~ ~ ~ O ~7 O a Subject Property Date: December 21, 2006 Scale: 1" = 200' Q.S. No. 9 3150 West Lincoln Avenue 1o1s4 I m ~ RM-2 C-G v ~ as `Om RCL 2001-00064 RCL 63-64-9 c? ~ m ~ ~^,~,~., VAR 2004-04607 CUP 1856 v j~ ~ J a (RCL 79-80-37) DRIVE~THRU ~~ ~> TOWNHOMES FSTA IRGN o: ~ _ _