Resolution-PC 99-12RESaLUTION NO. PC99-12
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4352 BE GRANTED, IN PART,
UNTIL DECEMBER 31, 1999
WHEREAS, ihe Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of Caiifornia
described as:
PARCEL 2, AS PER MAP FILED IN BOOK 191, PAGES 22 AND 23 OF
PARCEL MAPS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 20, 1999, at 1:30 p.m., notice of said public hearing liaving been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and againsi said proposed variance and to invesligate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
Commission meeting of January 4, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports oft'ered at said hearing,
does find and determine the foliowing facts:
1. That the petitioner proposes waivers of the following to permit twelve (12) wall signs
(inciuding two business identification wall signs and 10 internally-illuminated canopy signs with sign copy
advertising products and/or services}:
(A) Sections 18.48.130.06U.0601(d)
and 18.48.130.060.0601(e1
Permitted wall and canopy siqns.
(one wall or canopy siqn per building or
storefront permitted;
12 proposed, including 10 internally-illuminated
canopy signs)
(B) Section 18.48.930.050.0603(x)
(C) Section 18.48.130.060.0604
Prohibited sians.
(Product advertising signs prohibited;
five canopy signs advertising products and/or
services proposed)
Permitted Sian Standard Matrix.
(maximum 18-inch letter height permitted;
two wall signs with 30-inch letter height
proposed.
Minimum 16-foot separation between signs
located on the same parcel required;
approximately 3- to 10-~oot separations between
signs on the same building proposed)
2. That Chapter 18.48 of the Anaheim Mu~icipal Code pertaining to the Anaheim Resort
Specific Plan defines a"canopy" sign as a"wall" sign and ~rohibits internal illumination of such signs.
3. That Attachment A to the Staff Report to the Planning Commission dated January 20,
1999, Item No. 3, consists of four photographs showing the signs for which this variance was filed.
CR353:iPK.DOC -1- PC99-12
4. That waivers (A) and (C), permitted wall and canopy signs and permitted Sir,.;~ Standard
Matrix, are hereby approved to temporarily retain and permit two nonconforming 22.5 square-foot, 30-inch
high, open-pan channel letter wall signs an the basis that there are special circumstances applicabie to
the property based on its location and surroundings which do not apply to other identically-zoned
prooerties in the vicinity; and
5. That for a temporary period of time, other properties in the same vicinity and zone have
similar nonconforming wall signage; and
6. That the 2oning Code, pertain!ng to the Anaheim Resort, requires that ali legal,
nonconforming signage located on property on Harbor Boulevard between the Santa Ana/I-5 Freeway and
Orangewood Avenue be removed, aitered or replaced with signage that conforms to the requirements of
the Anaheim Resort Specific Plan by December 31, 1999; and
7. That the wall signs were previously Iegai nonconforming wail signs Iocated elsewhere on
the building prior to the effective date of the Anaheim Resort Specific Plan No. 92-2; and
8. That because of the special circumstances identified above, strict application of the
Zoning Code would temporarily deprive this property owner of the benefit of wall signage that other
property under identical zone classification in the vicinity enjay, but only unti! December 31, 1999, at which
time the property would no longer be deprived of said benefits in that all other properties in lhe same
vicinity and zone would be required to comply with the Code by removing, altering or replacing legal,
nonconforming signage.
9. That waiver (B), prohibited signs, is hereby denied on the basis that there is no special
circumstance or hardship applicable to the property, including size, shape, topography, location or
surroundings which does not apply to other identicaily-zoned prope~ties fn lhe vicinity, has been identified;
and that the granting of waiver (B) would be granting a special privilege to the property not shared by
other properties.
10. '~'hat the requested variance, as approved, is necessary for the preservation and
enjoyment of a substantial property right possessed by olher property fn the same vicinity and z~ne, and
denied to the property in question.
11. That the requested variance, as appruved, will not be materially detrime~;~! to the public
welfare or injurious to this property or improvements in such vicinity and zone ii ~ which this pruperty is
located.
12. That no one indicated their presence a'. the pubii~ hearin~ i~ epposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 11, as defined in the State Environmental Impact Report (EIR) Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THER[FORE, BE IT RESOLVED ihat the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, upon tlie 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 wel~are of the Citizens of the City of Anaheim:
1. That Variance No. 4352 is granted, in part approving waivers (A) and (C) for a temporary period to
expire on December 31, 1999 and denying waiver (B).
CR3533PK.llOC -2- PC99-12
Corrected Copy
That within a period of fourteen (14) days from the !':ate of this resolution (by Februa: y 4, 1999),
the property and bus(ness owner(s) shali recortl an agreement with the Orange County
Recorder's Office, to the satisfaction of the City Attomey's Office, acknowledging that Variance
No. 4352 is granted only for a temporary period of time until December 31, 1999 and that no
vested right is granted in connection with the granting of this Variance, and agreeing to remove
the nonconforrning viall signs a; the property/business owner's sole expense on or before
December 31, 1999. The petitioner shall provide proof of said recordation to the Planning
Department by February 4, 1999.
That within a period of fourteen (14) days from ihe date of this resolution (by February 4, 1999),
the lettering on the canopies shall be removed and the canopies shall cease to glow or iiluminate
by either removing the lights or changing the fabric.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
wilh 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.
'~HE FOREGOING RESOLUTION y~a adgpted~trye,l~anning Commission meoting of
January 20, 1999. rn ~ ~~ I/ I/ /
CHAIRPERS'ON, At~1/tY1ElAy1 CIT'( PLANNING COMMISSION
A'(7EST:
_ ~1lQ.~a~ 1 ~..~
SECRETARY, AN~lHE1M CIlY PLANNING COMMISSION
STATE OF CALI~ORNIA )
COUNTY OF ORANGE ) ss.
CITY (~F ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim 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 January 20, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS ~
, 1999.
BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
WILLIAM~
NONE
NONE
NHEREOF, I have hereunto set my hand this l~~ day of
~G~Z2~G:le[/rGCJ 1.~J1eG4~
SECRETARY, AHEIM CITY PLANNING COMMISSION
CR3533PK.DOC -3- PC99-12