Loading...
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 -- - -- --- -- ~ - --- --- -- -- ----- --- --- -- -------------- - --- -- - ~ ~ Q ~ ~ti ~ ~ , 1~ ~ ._ _ , J w J I e~ ~ i ~~ ~ i e= i , ~Z i , !¢ 1 I 1 I ~ e I i i i i i DURST STREET ~ : 9 ' ,`` 3~~5' ~ °~ ~ J ~ I~ 4 • ~ ~ 3 ~ ~~ 1 ~ ~ ~ . ~ ~~ s ~ ~~ ~ ' ' , ' ..... ~ '~. -.~ O k y ~, .- S 1 ~ ~ ~ . r `~ ~ro Ng r `~ , ~ ~ N ys ' : l } y ~ FF ~`t Y,r.,.s' . nY i ` y ~ ' ~t,ri -"s ~~ » r ' : ` '3 r~ ' ORANGEFAIR AVE 00~ „ ~~ rv : } e ~ o ; A ; 1 : 1 {~ ; ----~ ~ ° 1 ~ I O i ----~ ~ ~ A ; A ~~ , 0 ~ - - - - - -- ---- - o so iao~m . -- .------- -- ----- -- ------ ------- - -- - --- ----- --' Soufce: Recorded Tract Maps and/or City GIS. V~' Please note Ihe accuracy is +/- fwo lo fve feet. reP: ~ Subject Property ~ '' I ~ ~ ~ _ . > Variance No. 2008 -04754 ~ ~ _ mi W WPOLMSAVE i E.IAPOLMqqVE Yn 1 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