Resolution-PC 2009-021RESOLUTION NO. PC2009-021
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A CLASS 1 CATEGORICAL EXEMPTION AND
DENYING CONDITIONAL USE PBRMIT NO. 2008-05369
AND VARIANCE NO. 2009-04771
(1380 SOUT`H SANDERSON STREET)
WHEREAS, the Anaheim Ciry Planning Commission did receive verified
PeCiYions for a Conditional Llse Permit and Variance to construct a 65-fooC high freeway-
oriented, freestanding readerboard sign for an existing basiness school, subject to, and dependent
upon, approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented,
freestanding electronic readerboard signs for business schools, on certain real property situated
in the City of Anaheim, County pf Orange, State of California, shown on Exhibit "A", attached
hereto and incorporated herein by this reference;
WHEREA3, the property proposed for the 65-foot high freeway-oriented,
freestanding readerboard sign for an existing business scbool is aunently developed with a
19,000 square foot commercial building locaCed in the General Commercial (GG) zone and the
property is designated as General Commercial on the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim o~ February 18, 2009, at 2:30 p.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, Co hear and consider evidence for and against said proposed
condiCional use pernut and Co inveshigate and make findiogs and recommendations in connection
t6erewith; and
WHEREAS, said Commission, after due inspecCion, investigaCion and study made
by itself and in ~ts behalf, and after due consideration of all evidence and reports offered at said
hearing with respect to the request for a conditional use permit to construct a 65-foot high
freeway-oriented, freestanding readerboard sign for an existing busi~ess school, does find and
determine the following facts:
L That a 65-foot high freeway-oriented, freestanding readerboard sign for an
existing business school in the General Commercial (C-G) zane is not properly one for wtrich a
conditional use pemut is authorized by Anaheim M~nicipal Code and that the Planning
Commission has denied the applicant's request for approval of Zoning Code Amendment No.
2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business
schools.
2. That a 65-foot high freeway-oriented, freestanding readerboard sig~ for an
existing business schoo] would adversely affect the adjoining commercial land uses and the
growih and development of the area in which it is proposed to be located because the need for
freeway-oriented, changeable copy signs for business schools has not been demonstrated to be
apparent or appropriate. FurCher, Yhere is adeqnate signage for the business school as the
property is currently improved with a 45-foot high legal nonconforming freestanding pole sign
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with adequate freeway visibility and larger and taller signage wQUld not be needed to advertise
the business.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public withoot the need for a 65-foot tall freeway-oriented, freestanding
readerboard sign.
4. That the traffic generated by the business would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
signage request would not further increase traffic levels in the area.
WHEItEAS, said Commission dues further find and deternune that the request for
a variance of the following Code Seetions to constmct a 65-foot high freeway-oriented,
freestanding readerboard sign for an existing business school should be denied for the following
reasons:
(a) 3ECTION NO. 18.44100.030.0301
Ma~cimum size of a freewav-oriented
si n(]08 square feet pezmitted; 150
square feet proposed)
(b) SECTION NO. 18.44.100.030.0302
Maximum height of a freewav-oriented
sien (30 feet pemutted; 65 feet
proposed)
1. That the requested waivers are hereby denied because the size, shape, and
topography of this property nor any physical hardships or special circumstances are applicable to
t1~is property which would justify approval of a deviation fxom Che developmenC sYandards
regulating maximum sign freestanding height and area. The properCy is relatively flat. It is
located 20 feet below the grade of the freeway; however the existing 45-foot [all sign is visible
from the freeway and a 30-foot tall sign with a 108 square foot copy area would also be visible
from the freeway.
2. That no one indicated their prese~ce at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within Yhe dafiniCion of CaYegorical
ExempCions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmenta] docamentation.
I~OW, THEREFORE, BE IT RESOI,VF,D thaC the Anaheim Planning
Commission does hereby deny Conditional Use Permit No. 3008-05369 and Variance No. 2009-
04771.
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BE IT FURTHER RESOLVED that the applicant is responsibie for paying all
cbarges related to the processing of this discreCionary case application witt3in 15 days of Che
issuance of the final invoice. Failure Yo pay all charges shall result in delays in the issuance of
required pemrits or the revocation of the approval of this applica6on.
THE FOREGOING RBSOLUT[ON was adopted at the Planning Commission
meeting of February 18, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - Ge~eral" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in thq event of an appeal.
CHAIK~MAI+~, ANAHEIM PLANNANG COMIC4ISSION
ATTEST:
SENIOR S~IZ'ETARY, ANAHEIM PLANNING CQMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the A~aheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on February 18, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, RAMIREZ, ROMERO
NOES: COMMiSSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1~~ day of
March, 2009.
ARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONpITIONAL i7SE PERMI7' NO. 2008-05369
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