Loading...
Resolution-PC 2011-088RESOLUTION NO. PC2011 -088 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2011 -04862 (DEV2011- 00085) (5759 SANTA ANA CANYON ROAD) WHEREAS, the Anaheim 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 from the sign code to allow two additional wall signs where one sign is permitted for certain real property zoned General Commercial, (C -G) Scenic Corridor Overlay (SC) zone and the Anaheim General Plan designates this property for General Commercial land uses; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 21, 2011, 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, said 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 from the following development standards to construct two additional wall signs for a Mother's Market & Kitchen grocery store: SECTION NO. 18.18.090.050.0501 Maximum number of wall signs (1 sign permitted; 3 signs proposed). 2. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings. The signs would have very limited visibility from the adjacent roadways due the size, shape and orientation of the shopping center property. The visibility of these signs is primarily limited to on -site traffic and pedestrians. Therefore, the visual impact of these signs would not conflict with the intent of the Scenic Corridor Overlay Zone which is to promote development that does not detract from the area's natural scenic beauty. 3. Because of the conditions described above, strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity. 1 PC2011 -088 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) 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 Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the Variance No. 2011 -04862 to construct two additional wall signs for the Mother's Market & Kitchen grocery store. 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. 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. - 2 - PC2011 -088 THE FOREGOING RESOLUTION ` as a of November 21, 2011. ATTEST: + 9 9 SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) pted at the Planning Commission meeting CHAIRMAN, ANAHE 1 CITY PL ING COMMISSION 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 21, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 PC2011 -088 APN: 358 - 191 -12 EXHIBIT "A" DEV NO. 20H -00085 -4 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -088 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF By GENERAL 1 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Sign and Elevation Plans) and as conditioned herein. Planning EXH1 IT 66 99 VARIANCE NO. 2011-048 62 (DE V2011-00085) -_5- PC2011 -088