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ZA 2009/10/15o CaII To Order 9:30 a.m. o Public Comments o Consent Calendar o Public Hearing Items o Adjournment H: \TOOLS\ZAAd m in\ZAFiles\ZA101509). doc Anaheim Zoning AU llreosuadawa Agenda Maggie Thursday, October 15, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Any writings or documents provided to the Zoning Administrator regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Zoning Administrator using the following e -mail address' twhite @anaheim.net Minutes: ITEM NO. 1A Anaheim Zoning Administrator Agenda 9:30 A.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Zoning Administrator or public comments on agenda items with the exception of public hearing items. Consent Calendar: There will be no separate discussion of these items prior to action being taken unless the Zoning Administrator, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. Receiving and approving the Minutes from the Zoning Administrator Meeting of September 3, 2009. Note: Meeting minutes have been provided to the Zoning Administrator and are available for review at the Planning Department. Reports and Recommendations: None ZA101509 Page 2 of 4 Public Hearing Item: ITEM NO. 2 CEQA CATEGORICAL EXEMPTION, CLASS 11 AND VARIANCE NO. 2009 -04787 OWNER: Sheffeild Associates Limited Partnership 340 Pemberwick Road, 1 Floor Greenwich, CT 06831 APPLICANT: Ted Howard Insignia 3081 East Miraloma Avenue Anaheim, CA 92806 LOCATION: 2350 2394 West Lincoln Avenue: Property is located at the southeast corner of Lincoln Avenue and Gilbert Street. Request for a new tenant wall sign in an existing shopping center with a maximum letter height larger than permitted by Code. Project Planner: Kevin Clausen KClausen @anaheim. net ADJOURN TO THURSDAY, NOVEMBER 12, 2009 AT 9:30 A.M. (The scheduled Zoning Administrator meeting for Thursday, October 29, 2009, has been cancelled as no cases were filed for the meeting date.) ZA101509 Page 3 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at t at 3Oi m (C) ED9 Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE) OUTSIDE DISPLAY KIOSK SIGNED: —i._ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or a written correspondence delivered to the Zoning Administrator or City Council at prior to, the public hearing. In compliance with the American With Disability Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. SCHEDULE 2009 10/29/09 (Cancelled) 11/12/09 11/25/09 (Wednesday) 12/10/09 12/24/09 (Cancelled) ZA101509 Page 4 of 4 e L 1 W W.CPESOENTAVE dw W. a o o cr LINCOLN AVE 2 W. LINCOLN AVE LINCOLN AVE N V OROAOWAY 0 e e re r x e. e °o I em e IN ATTACHMENT NO. 1 RM -4 FOURPLEX AM -4 APTS- 5 DU O -LT MEDICAL 4 OFFICE w O— z w N LL co J cc LL w z ET) Feel w 0 z w rn w CO J CC 5 LL w z o so 100 SIC= 0 October 15, 2009 I� Subject Property C -G RETAIL Variance No. 2009 -04787 2350 2394 West Lincoln Avenue 596' C -o RETAIL C -G RETAIL RS -2 SFR RS -2 SINGLE FAMILY RESIDENCE C -G RETAIL W TRANSIT AVE RS -2 SINGLE FAMILY RESIDENCE W MALL AVE RS -2 SINGLE FAMILY RESIDENCE I I 1 1 I W LINCOLN AVE C -G RETAIL RCL 77 -78 -23 RCL 75 -76 -05 CUP 2003 -04730 CUP 1999 VAR 2009 -04787 EIR 168 GPA 139 RETAIL RS -2 SFR 1 BROOKHURST COMMERCIAL CORRIDOR n n re w w z 0 0 cn x 0- 0 w x lr APN: Multiple RM -2 BCC) TOWNHOMES 76 DUI CANOPY LN RM -2 BCC) TOWNHOME 76 —1 T CORNELIA CONNELLY HIGH SCHOOL x 10829 LINCOLN AVE r'u L s I l t 4, 4.1., j ^I r CO p7 rSZ a .Ia.% ...f ii�{t1 1, I 1 1 1 a it fr a sa 100 Feet p t 1• i c .1 a 1� CANOPY L.N. ti In y O Y tl j 1 7 a, v) Ci 1 i 1 1 �r FA i 'mot. li W TRANSIVAVE 1 7 r r t j o i? '1 :I i, 7 {I z e October 15, 2009 Subject Property W MALL A I 1 c S' -:9.i. ham 4w1J- -r I. 1�:..+.-�..I' �L_I. Variance No. 2009 -04787 2350 2394 West Lincoln Avenue I, l a 'I 1 11 11 I k 111111i 1 W LINCOLN AVE e' r� 4 •1 A ..r.ry 4 1 L.. .V'.1 i 1 C X 1 11, 1'licri I1 i n I 1 P. w��. 1 Kai -a. 71:1 A j': .l IA t t 111 I' 1 1 1 1' 1 I.., o 1 r.• 4 I 4 Pi 1 1 r I 1 I f i i 1 APN: Multiple A'w W�ICAESCENIAVE W. LINCOLN AVE W. LINCOLN AVE I W. BROADWAY r° I I fr 1 g I I I Aerial Photo April 2008 10829 ITEM NO. 2 ZONING ADMINISTRATOR AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 15, 2009 FROM: PLANNING SERVICES MANAGER KEVIN CLAUSEN, PROJECT PLANNER SUBJECT: VARIANCE NO. 2009-04787 LOCATION: 2350 2394 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Ted Howard representing Insignia and the owner is Sheffield Associates Limited Partnership. REQUEST: The applicant proposes a new tenant wall sign in an existing shopping center with a maximum letter height larger than permitted by Code. RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the attached resolution determining that a Class 11, Categorical Exemption is the appropriate environmental documentation for this request and approving Variance No. 2009 04787. BACKGROUND: This property is currently developed with a 7 -acre commercial retail center and is located in the Commercial General (C -G) zone. The General Plan designates this property for neighborhood commercial land uses. Properties to the south and west are designated for low density residential land uses and properties to the north and east are designated for low- medium density residential land uses. The shopping center includes two anchor tenant spaces. Ralph's Supermarket occupies one tenant space. The subject anchor tenant space is currently vacant and is proposed for a Savers thrift store. PROPOSAL: The applicant proposes two tenant wall signs on the north building elevation facing Lincoln Avenue. The primary wall sign would be located on an existing raceway and would display the store name, "Savers The primary sign would have a letter height of 48 inches. The second wall sign would be located on a new raceway and would include the wording "Community Donation Center The second wall sign would have a letter height of 24 inches. VARIANCE NO. 2009-04787 October 15, 2009 Page 2 of 2 The applicant also proposes to reface the sign copy of the existing legal non conforming pylon sign adjacent to Lincoln Avenue. No structural modifications are proposed. ANALYSIS: Code permits a maximum letter height of 24 inches for wall signs on buildings less than three stories. The primary wall sign has a maximum letter height of 48 inches and exceeds code requirements. The second wall sign has a letter height of 24 inches and is in compliance with code requirements. A maximum of three wall signs are permitted for this tenant space based on the width of the building elevation. The maximum area of combined wall signs is 10% of the face of the building or 200 square feet, whichever is less. Although the maximum letter height is larger than permitted by Code, the total sign area on the front elevation would be 5 The intent of the letter height limitation and maximum sign area is to ensure that wall signs are in proportion to the building elevation. The 48 inch high letter sign would be located approximately 240 feet from Lincoln Avenue. Two stand -alone tenant buildings and mature Landscaping along Lincoln Avenue and within the parking lot reduce visibility of the proposed signs. Staff researched Planning Department records and found that a total of fourteen letter height variances have been granted since the Code was amended in 2004. The variances were approved based upon the scale of the signs in relation to the building and the distance of the wall signs from the street. CONCLUSION: Staff believes the proposed 48 -inch letter height for the primary wall sign is in scale with the size of the building. There are unique circumstances that warrant a larger letter height for the primary sign on this building because the sign would be located 240 feet from the street, the retail building is partially obscured by existing buildings between the retail building and the street, and the proposed letter height would improve sign legibility. Staff believes that the proposed letter height for the primary sign would provide appropriate business identification from the adjacent public street. Therefore, staff recommends approval of the requested variance. Respectfully submitted, Senior Planner Conc ng Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Project Summary 4. Justification Letter The following attachments were provided to the Zoning Administrator and are available for public review at the Planning Services Division at City Hall. 5. Sign Program 6. Site Photographs DRAFT ATTACHMENT NO. 2 RESOLUTION NO. ZA2009 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 11 AND APPROVING VARIANCE NO. 2009-04787 (2350 2394 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 shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance from the maximum permitted wall sign letter height requirements to allow a tenant wall sign with a letter height greater than permitted by Code; and WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2009, 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 variance from the following provisions of the Anaheim Municipal Code to construct a wall sign: SECTION NO. 18.44.110.010.0103 Maximum letter height of wall signs. (24 inches permitted for 1 -3 story structures; 48 inches proposed) 2. That there are special circumstances applicable to the property regarding the visibility of wall signs, including the large size of the parcel, the height and scale of the building, the location of the tenant building as it is located approximately 240 feet from Lincoln Avenue, the mature trees and location of existing freestanding retail buildings located in front of the tenant building, all which combine to partially obscure visibility to the tenant building, and which do not apply to other property under identical zoning classification in the vicinity. 3. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity relating to the visibility of wall signs from the adjacent streets. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Zoning Administrator has reviewed the proposal and does hereby find that a Class 11 Categorical -1- ZA2009 Exemption in connection with the proposed Variance No. 2009 -04787 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Zoning Administrator does hereby approve Variance No. 2009 -04787 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval 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. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby fmd 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 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 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. 2 ZA2009 THE FOREGOING RESOLUTION was adopted at the Anaheim City Zoning Administrator meeting of October 15, 2009. 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. ATTEST: SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, Secretary of the Anaheim City Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on October 15, 2009. 2009. ANAHEIM ZONING ADMINISTRATOR IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of October, SECRETARY, ANAHEIM ZONING ADMINISTRATOR ZA2009 EXHIBIT "A" VARIANCE NO. 2009 -04787 I IAPN: Multiple) o 0 50 100 W LINCOLN AVE W TRANSIT AVE 2 Sou ce: Recorded Tract Maps and /or City GIS. Please note the accuracy is two to five feel. 10829 ZA2009 No. Conditions of Approval Responsible for Monitoring GENERAL 1 That within a period of one (1) year from the date of this 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. Planning 2 That subject property shall be developed substantially in 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 6, and as conditioned herein. Planning EXHIBIT "B" -5- ZA2009 Wall Sign Proposed Area Proposed Sign Coverage (2,960 sq. ft. elevation) Proposed Letter Height Code Requirement Primary Sign "Savers" 67 s.f. 2% 48 inch 24 inch max. letter height Secondary Sign "Community Donation Center" 90 s.f. 3% 24 inch 24 inch max. letter height Total 157 s.f. 5% 10% sign coverage or 200 s.f. aggregate wall sign area, whichever is less PROJECT SUMMARY CHART VARIANCE NO. 2009-04787 ATTACBM]ENT NO. 3 Dung Buboes& As VakeeeViilage SWUM VillageIsValeurs swan Recycling Inc. Corporate Offices: 11400 SE 6th Street Suite 220 Bellevue, WA 98004 P.O. Box 808 Bellevue, WA 98009 P: 425-462 -1515 F: 425 -451 -2250 www.savers.com U.S. Store Operations: M. ix 11400 SE 6th Skeet Sole 220 Bellevue. WA 98004 P.O. Box 806 Bellevue, WA 96009 P 425-062-1515 F 425-451 -2250 w,vw.saversmm canodlan Storrs Operations: Value Wage Stares Inc. 7350 Edmonds Steer Burnaby. BC V3N 1.48 P: 604 540-4978 F 604-5404478 wxw.vawevilage.r m w.rw vdlagedosvaleurswm Australian 5fare Operations: Savers Australia Pry Lid. 330 Sydney Raab Bnmswrck. Wiens. AU 3056 P: 071 -61 -19381 -2800 F: 011 -61- 3-9381 -2700 emvsevers.mm.au Savers Recycling, Inc. 4701 K Industry Drive E. File, WA 96424 P 253 896-0055 F 253-896 -0160 July 1, 2009 Anaheim Planning Commission 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: "Justification for Variance" Savers 1(1152 Anaheim 2360 W. Lincoln Ave. Anaheim, California City of Anaheim Sign Variance Committee: ATTACIEVYENT NO. 4 This letter shall serve as a request for relief from sign codes governing Zone C-G which limits signage lettering to 24 Savers hereby requests relief from the current codes for the following reasons: 1. The building that SAVERS will be occupying is set back from Lincoln Ave.2.Bfeet which will make the visibility of a 24" letter set very difficult. Within the sign industry, the maximum readability of a 36" letter set is 100 feet. 2. Adjacent to Lincoln Ave. there are numerous bees along the road and also within the parking lot which restrict visibility of the SAVERS store front 3. The second and only other anchor tenant in the shopping center is "Ralphs The "Ralphs" fascia sign has a large cabinet with 5' high letters. 4. Sitting directly between Lincoln Ave. and the SAVERS building is a 4,000 sq. ft. Wells Fargo building that inhibits visibility to our store front from Lincoln Ave. 5. There is an additional 4,225 sq. ft. stand alone building (currently vacant) sitting to the right front of the SAVERS building, which also inhibits visibility from Lincoln Ave. 6. The prior tenant (CVS Pharmacy) which occupied Savers space was allowed 48" high letters on a 56" high raceway. All of the items combine to excessively limit the visibility of Savers storefront from Lincoln Ave. A lot of SAVERS business is dependant on "drop in" customers who are merely curious about our business' offerings and happen to be driving by. Without strong visibility from Lincoln Ave., this customer base will be compromised. SAVERS is very excited about this new location. However store front visibility is extremely important to our success and we believe that approval of the 48" SAVERS letters would support our efforts. DF /ap CC: File