Resolution-PC 2010-124RESOLUTION NO. PC2010 -124
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS I 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2010 -04836
(DEV2010- 00170)
(1221 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
'Planning Commission ") 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 to modify a legal nonconforming
roof sign and construct wall signs with sizes that are greater than permitted by code in the
Commercial, General (C-G) zone and the Anaheim General Plan designates this property for
General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 6, 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 to modify a legal nonconforming roof sign and
construct wall signs with sizes that are greater than permitted by code under the following Code
provision:
SECTION NO. 18.56.060.020 Continuation of Non- Confoimung
Signs
SECTION NO. 18.44.110.010.0103
Maximum Letter Hei dt (24 -inch
letters and 36 -inch logo permitted;
49 -inch letters and 65 -inch logo
proposed)
WHEREAS, the Planning Commission does find and determine that the request
for the variance from code requirements pertaining to the maximum letter and logo height to
permit 49 -inch letters on a two wall signs, 65 -inch logo height, and modifications to a legal
nonconforming roof sign should be granted for the following reasons:
PC2010 -124
1. The building walls are between 160 feet to 237 feet in length and are set back
between 140 feet and 230 from Anaheim Boulevard and 385 from Ball Road. The requested
signs would comprise less than five percent and 4 percent of the area of the respective walls 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 businesses which have had this standard waived under similar circumstances.
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 -04836 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 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.
PC2010 -124
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 ;d at e Planning Commission meeting
of December 6, 2010.
A'1'1'EST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
A
CHAIRMAN, AN HE,IM CITY PLANNING COMMISSION
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 December 6, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI
NOES: COMMISSIONERS: PERSAUD, RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 6`'' day of December, 2010.
SENIOR SEC TARY, ANAHEIM CI''Y PLANNING COMMISSION
- 3 - PC2010 -124
APN:
082 -333 -16
082-333-17
W MARGATE DR
W HILL AVE
1
W BALL RD
DEV2010 -00170
EXHIBIT "A"
E BALL RD
Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is 41- two to five feet.
11046
4 - PC2010 -124
EXHIBIT "B"
VARIANCE NO. 2010-04836
(DEV2010- 00170)
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 Nos. 1
through 3 (Site Plans and Sign Plan) as conditioned herein.
5 PC2010 -124