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Resolution-ZA 2008-07 RESOLUTION NO. ZA2008-7 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLAS5 11 AND FURTHER APPROVING VARIANCE NO.2007-04744 (1020 NORTH EUCLID STREET) 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 shown on Exhibit A, attached hereto an incorporated herein by this reference; and WHEREAS, the petitioner requests a waiver of maximum letter height and maximum number of wall signs to construct wall-mounted channel letter signs for a proposed retail store; and WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on Apri124, 2008, 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 waivers of the following to construct wall-mounted channel letter signs for a proposed retail store: (a) SECTION NO. 18.44.110.010.0103 Maximum letter height (24 inches permitted; 72 and 48 inches proposed. (b) SECTION NO. 18.44.110.010.0102 Maximum permitted number of wall signs. (WITHDRAWN, 2. That waiver (a) is hereby approved, as the proposed wall signs would be appropriate for the scale and height of the building and the location of the building in relation to the adjacent streets. That waiver (b) is hereby withdrawn, as requested by the applicant, subsequent to the advertisement of the variance. 4. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. -1- ZA2008-7 • WHEREAS, 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 approve Variance No. 2007-04744 to permit wall signs having a greater letter height than allowed by code, 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: No. Conditions of Approval Responsible for Monitorin 7'IMI.NG: PRIOR T() ISSUANCE OF SIGNPERMIT 1 That within a period of one (1) year from the date of this Planning resolution, the appropriate permit(s) shall be obtained from the City of Anaheim for the approved wall signs. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. GENERAL 2 That all signs shall be properly maintained in Code conformance with A.M.C Section 18.44.160 pertaining to Enforcement sign maintenance such that any burnt bulbs or damaged sign copy shall be replaced or repaired within a period of 48 hours. 3 That timing for compliance with conditions of approval Planning may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4 That subject property shall be developed substantially in Planning accordance with sign 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 through 3, and as conditioned herein. S That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Munici al Zonin Code and an other -2- ZA2008-7 • 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 April 24, 2008. 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. ,~ AHEIM ZONING ADMINISTRATOR ATTEST: /v r`~'~-r;~-t~t-ice SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 April 24, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this ~~, cl day of ~ ~ 2008. SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008-7 ----~ ~- - -i--- ---~------------ L_1-L.-J L_J L_~ ------------ I F- I GLEN AVE ^ j~ I j ~ I ~ m I ~ I O `o ~ a ~------------~w ~ ,GLEN DR F- z w w 0 0 w a a ~; tr O; m ~, d 271' 83' 115• rn ih a~ h N ao DOGWOOD AVE i-- z w N ~ ~ H ~ v ~ FRANCES DR U i DR w CATHERINE DR Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/- two to five feet. C] Subject Property Variance No. 2007-04744 ~~ _ W. ROMNEVA OR / 8 ~ W LA PALMAAVE m Z~ Z 9 ~ 1 ~~ Q . . CRESCENT AVE ~ ~~ w ~~ i 1020 North Euclid Street 1os1s LA PALMA AVE FRANCIS DR 0 50 100 O s feet