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Attachment 5 - Variance Justification LetterAugust 30, 2023 City of Anaheim Planning Department c/o Planning Services Division RE: Justification for Variance (New and Replacement of Existing Signage in Proposed Ultimate Right-of-Way) APN 073-090-31 & 073-090-30 Anaheim Planning Services Division, Our family held company, Rossmore Enterprises, formerly Sirianni Enterprises, has owned the commercial shopping center (“Center”) located at 88 E. Orangethorpe Avenue in Anaheim, CA since 1985. The Center includes multiple commercial buildings including Walmart, Diamond Collision, Sonic and a vacant single tenant retail building and vacant multi-tenant retail building. The Center has been under a ground lease and not subject to our direct control and management until just recently. Now that Rossmore Enterprises has regained direct control, we plan to remodel and redevelop portions of the Center to revitalize and get it back to a vibrant, safe and attractive commercial retail center. One aspect of our remodel efforts includes updating the existing pylon signs (one is located along the frontage of E. Orangethorpe Avenue and the other is located along the frontage of Lemon Street). For reference, below are depictions of the existing pylon signs in their current conditions today. E.Orangethorpe Ave. Pylon Lemon Street Pylon As shown, the signs are old, damaged, and to put it frankly – a bit of an eyesore. Not only are the current signs unattractive, they are also non-conforming with the current sign code as set out in Section 18.44.090.0202 of the Anaheim Municipal Code. With this in mind, we have partnered with Architectural Design and Sign (AD/S) to design brand new pylon signs that not only comply with current sign code but are updated and look professional. For reference, below are depictions of the newly designed signs by AD/S. ATTACHMENT NO. 5 E. Orangethorpe Ave. Pylon Lemon Street Pylon Further, Building Permit BLD2022-05341 has been approved by the City of Anaheim for the reimage of the existing and very tired multi-tenant building adjacent to the Walmart building in the Center and construction is well underway. Below is a depiction of the existing condition of the multi-tenant building along with the rendering after we’ve completed the remodel. EXISTING PROPOSED In an effort to declutter the two (2) newly designed pylon signs and provide greater value and visibility to future tenants that will occupy space in the multi-tenant retail building, AD/S has also designed a new multi-tenant monument sign to be located along Lemon Street in front of the multi-tenant building pursuant to Section 18.44.090.010.0102 of the Anaheim Municipal Code. Each tenant occupying space in the multi-tenant building will be able to display their name and logo on this monument sign. Below is a depiction of the new monument sign. Lemon Street Monument Sign Pursuant to Section 18.74.060 of the Anaheim Municipal Code, we are requesting a variance be granted by the Planning Commission for the approval of the location of the new pylon sign located along the frontage of Lemon Street on APN 073-090-31 and for the addition of a new monument sign located along the frontage of Lemon Street on APN 073-090-30. The existing pylon sign along the frontage of Lemon Street is currently located within the proposed ultimate right-of-way. The new pylon sign along the frontage of Lemon Street as well as the new monument sign are both proposed to be located within the proposed ultimate right-of-way. Our goal with this variance request letter is to show the Planning Commission that special circumstances exist and as a result of those special circumstances, strict application of the current zoning code deprives the property of privileges enjoyed by other property under identical zoning classifications. 1. Special Physical Characteristics The Center itself doesn’t have an odd shape or steep topography, however, its location borders the City of Fullerton to the west along Lemon Street and the City of Anaheim to the north along E. Orangethorpe Avenue. Pursuant to Section 18.44.080.010 of the Anaheim Municipal Code, the existing pylon sign along Lemon Street is non-conforming due to its current location projecting over a proposed future right-of-way being the proposed ultimate right-of-way. We are proposing to install the new pylon sign in the same location as the existing pylon sign thereby resulting in non- conformity with zoning codes. The new monument sign is proposed to be installed directly south of the new pylon sign in front of the multi-tenant building by removing one (1) of the existing parking stalls. The new monument sign would be installed in a location that would project over a proposed future right-of-way being the proposed ultimate right-of- way too. 2. Properties in Vicinity Share Same Physical Characteristics The retail center directly across Lemon Street to the west known as Orangefair Marketplace appears to have a non- conforming monument sign that does not maintain a minimum two (2) foot setback from the proposed ultimate right- of-way. Additionally, the improvements constructed at 246 E. Orangethorpe Avenue, Fullerton, CA 92832 currently occupied by Chuze Fitness are not set back such that they take into consideration the proposed ultimate right-of-way along Lemon Street, sidewalk requirements and landscaping requirements should the proposed ultimate right-of-way be taken by Fullerton. 3. Neighboring Properties Same Type of Improvement The retail center directly across Lemon Street to the west known as Orangefair Marketplace has pylon and monument signs along Lemon Street advertising for tenants occupying that retail center. 4. Cause of Special Characteristics Limiting Compliance with Code Requirements As the owner of the property, we’re investing a significant amount of capital into the Center to bring Quick Quack Car Wash, Ono Hawaiian BBQ, a whole new tenant mix into our multi-tenant building and eventually replacing the Sonic with a Starbucks drive-thru. Installing new signage for the Center is not just something we hope can be done, it must be done. By our keeping the old, broken and worn-down signs, it just doesn’t go with the overall reimage of the Center. When Quick Quack, Ono Hawaiian BBQ, Starbucks and the completely remodeled multi-tenant building are completed, the City will have a totally new shopping center we hope it will be proud of which includes new modernized signs. Furthermore, the existing parking lot and drive aisle layout of the Center prevent the new pylon sign and new monument sign from being installed outside of the proposed ultimate right-of-way pursuant to Section 18.44.080.080 and maintaining the setback requirements of Section 18.40.040.020.0201 of the Anaheim Municipal Code. Through adherence to the current code requirements, the new pylon sign and new monument sign would need to be placed in the existing drive aisles resulting in the elimination of approximately 32 parking stalls along Lemon Street (which includes 21 parking stalls along the storefronts of the multi-tenant building). The tenants we will be leasing space to in the multi-tenant building are reliant on their customers being able to park their vehicles in close proximity to their storefront. Eliminating the parking stalls along the storefronts of the multi-tenant building will render our ability to lease those spaces nearly impossible. We are reinvesting a substantial amount of capital in the multi-tenant building and our ability to recoup that investment hinges entirely on the rent a future tenant will pay which is impacted by the availability of parking. We’ve enclosed Sign Exhibit (1 of 1) prepared by Tait & Associates dated 6-14-2023 depicting the proposed right of way line with the minimum 2 foot setback for the two (2) Lemon Street signs should they be located outside the proposed ultimate right-of-way. Additionally, we’ve also enclosed Site Plan 01 prepared by Architects Orange (AO) dated 8-30-2023 to illustrate the conditions of the Center along Lemon Street should the proposed ultimate right-of-way be taken. In conclusion, we request the Planning Commission grant a variance for the approval of the location of the new pylon sign located along the frontage of Lemon Street on APN 073-090-31 and for the addition of a new monument sign located along the frontage of Lemon Street on APN 073-090-30. The installation of the two (2) signs along Lemon Street will be a significant way to guide customers to the Center. Furthermore, the granting of the variance would have no effect on any adjoining properties and the signs will not cause any damage, blockage or danger to the surrounding businesses. We would be willing to remove and relocate the two (2) newly proposed signs along Lemon Street at such time as the City of Fullerton widens Lemon Street but until such time, we request the signs be approved to be located in the proposed ultimate right-of-way along Lemon Street. We look forward to your favorable response granting our variance request as presented. Respectfully, Eric Mangelsen, CPA Vice President AeccDbCogoPoint (AeccLand130) AeccDbCogoPoint (AeccLand130) AeccDbCogoPoint (AeccLand130) AeccDbCogoPoint (AeccLand130) AeccDbCogoPoint (AeccLand130)LEMON STREETDURST STREET15'10'LANDSCAPE SET BACKPROPOSED ULTIMATE RIGHT OF WAYEXISTING RIGHT OF WAYCITY LIMIT LINE22'-7"EXISTING CURBEXISTING RETAIL BUILDING25'-6"(25' IS THEMINIMUM 2-WAYDRIVEWAY WIDTH)25'-6"18'-2"NAPROSSMORE ENTERPRISES88E ORANGETHORPE AVE. Anaheim, CA 928010" = 00'2023-08-300000-000ScaleDateJob No.01SITE PLAN0 5' 20' 50' 75'10'100'50'N