Resolution-PC 2010-120RESOLUTION NO. PC2010 -120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 11 CA'T'EGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2010-04834
(DEV2010 -00168)
(1201 NORTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified Petition for Variance No. 2010 -04834 for that
certain real property located at 1201 North Magnolia Avenue in the City of Anaheim, County of
Orange, State of California, as more particularly shown on Exhibit "A ", attached hereto and
incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance to construct a new monument sign
and wall sign with sizes that are greater than permitted by code in the I (Industrial) Zone and the
Anaheim General Plan designates this property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 22, 2010, at 5:00 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 "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, the Planning Commission, 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 to construct a new monument sign and wall
sign with a size that is greater than permitted by code:
SECTION NO. 18.44.090.020.0201
SECTION NO. 18.44.110.010.0103
Maximum Size of Monument Sign
(65 square feet permitted; 80 square
feet proposed);
Maximum Letter Height (24 -inch
letters permitted; 42 -inch letters
proposed)
WHEREAS, the Planning Commission does find and determine that the request
for the variance from code requirements pertaining to the maximum letter height to permit 42-
inch Letters on a wall sign should be granted for the following reasons:
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1. The distribution building wall is over 800 feet in length and is set back 180 feet
from the street. The requested sign would comprise less than one percent of the area of the wall
and provide the needed visibility from the street that could not be accomplished with 24 -inch
letters as required by Code.
2. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity because there is another
business across Magnolia Avenue with letter heights larger than permitted by code_
WHEREAS, the Planning Commission does find and determine that the request
for the variance from code requirements pertaining to the maximum sign size to permit an 80
square foot monument sign should be granted for the following reasons:
1. The property is over 1,100 feet in Iength and the building is set back 180 feet
from the street. The requested monument sign would provide greater visibility to motorists on
Magnolia Avenue and direct them to the entrance of the property.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 11 (Accessory Structures) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2010 -04834 approving the request to permit a wall sign with letter
heights greater than permitted by Code and a monument sign with an area greater than permitted
by Code, 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.
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BE IT FURTHER RESOLVED, that this Variance is approved without
limitations on the 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 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 22, 2010.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM ' ITY PLANNING COMMISSION
3 PC2010 -120
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 November 22, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of November,
2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -120
APN: 070-781-031
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183.00'
EXHIBIT ''A"
DEV2010 -00168
CAD
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770.00'
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is *I- two to five feet.
11045 -
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5 PC2010 -120
EXHIBIT `B"
VARIANCE NO. 2010-04834
(DEV2010- 00168)
SIGNED OFF
NO. CONDITIONS OF APPROVAL REVIEW BY BY
GENERAL
1 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the Division
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit No. 1
and 2 (Site Plan and Sign Plan) as conditioned herein.
6 PC2010- 120