Resolution-ZA 2008-11RESOLUTION NO. ZA2008-11
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS I1
AND APPROVING VARIANCE NO. 2008-04754
(SOUTHEAST CORNER OF LEMON STREET AND DURST STREET .
APN 073-090-45)
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 and incorporated herein by this reference; and
WHEREAS, the petitioner requests a waiver of maximum letter height to construct
wall-mounted channel letter signs for a proposed fast food restaurant with a drive-through lane; and
WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center
in the City of Anaheim on June 12, 2008, at 930 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 hei~ht (24 inches
permitted: up to 32.5 inches nronosedJ
2. That waiver (a) is hereby approved, as the proposed wall signs would be appropriate
for the scale and height of the building, the aggregate area of the wall signs would not exceed the
maximum sign area for each building elevation, and proppsed wall signs would be consistent with
the sign program of the Anaheim Gateway shopping center.
3. That no one indicated their presence at said public heazing in opposition; and that no
correspondence was received in opposition to subject petition.
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.
VAR200S-oA754 -1- ZA2008-1 I
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby approve Vaziance No. 2008-04754 to permit wall signs having a greater letter height
than allowed by code, upon the following conditions which aze hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfaze of the Citizens of the City of Anaheim
No. Conditions of Approval Responsible for
Monitorin
PRIOR TO ISSUANCE OFSIGNPERMIT
1 That within a period of one (1) yeaz 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 Anahenn by the applicant and which plans aze
on file with the Planning Department mazked E~ibit Nos. 1
through 6, and as conditioned herein.
5 ' That approval of this application constitutes approval of Planning
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 regazding any other applicable
ordinance, regulation or requirement.
-?- ZA2oos-t 1
BE IT FU~THER RESOLVED that the Anaheim Zoning Administratox 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 declazed 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 al]
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 Admuustrator
meeting of June 12, 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.
' !s~
AHEIM ZONING MINISTRATOR
ATTEST:
~. . ~
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 June 12, 2008.
~'(~ IN WITNESS WHEREOF, I have hereunto set my hand this Z~~day of
JU~ Q , 2008. ~
M
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2008-I1
Ezhibit A
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Soufce: Recorded Tract Maps and/or City GIS.
V~' Please note Ihe accuracy is +/- fwo lo fve feet.
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No Address ~os ae
City of Anaheim
I~LAIVNIIVG DEl'ART1i~EIV'Y'
J~,e zo, zoos
Anaheim Gateway LLC
120 North Robertson Boulevazd
Los Angeles, CA 90048-3ll 5
3UBJECT: VARIANCE NO. 2008-04754 / ZA2008-11
Congratulations! Your proposed project at Southeast Corner of Lemon and Durst
Streets was approved by the Zoning Adminish~ator on June 12, 2008. Enclosed is a
copy of the Zoning Administrator's decision. Please keep in mind that this decision
will not be final until the fifteen (15) day appeal period expires. If an appeal is made
or if the City Council decides to hold an additional public heazing, your project
planner will notify you immediately and provide you the date of the public hearing.
The action of the Zoning Administrator is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to your
project. The City deparhnent responsible for monitoring this condition is listed in
the last column (i.e. Plamiing, Public Works or Police). Please contact Kimberly
Wong, (714) 765-4932, kwong2@anaheim.net, to discuss the next step for moving
your project forward. I have also attached a process flow chart so you know what
remaining steps aze necessazy to complete your project.
Please make sure to keep these documents in a secure place. In the event the
property is sold, provide the attached resolution to the new/prospective property
owner.
Thank you for choosing Anaheim for your project. Make sure to complete and retum
the enclosed survey regazding our process. ff there is any way we can improve our
service, please let us know.
vp, AICP
Services Manager
wwwanahelrtt,net
c: Robertson Properties Group, 120 North Robertson Boulevard, Los Mgeles, CA 90048-3115
200 South Anaheim Boulevard
P.O. Boz 3222
Anaheim, Califarnia 92903
TEL (714) 765-5139