Resolution-PC 2013-054RESOLUTION NO. PC2013-054
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING VARIANCE NO. 2013-04927 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00026
(791 SOUTH WEIR CANYON ROAD)
WHEREAS., the Plannin Commission of the Cit of Anaheim (hereinafter referred to as
the "Plannin Commission" did receive a verified petition for Variance No. 2013-04927 (herein
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sons time referred to as the "Proposed Project" to permit more wall si than permitted b the
Zon'n Code for an existin bank facilit located at 791 South Weir Can Road in the Cit of
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Anaheim, Count of (. ran State of California, as g enerall y depicted on the map attached hereto
as Exhibil A and incorporated herein b this reference ( the "Propert and
WHEREAS, the Propert consistin of approximatel 12 acres, is developed with a
nei shoppin center. The Propert is located in Development Area 2 of the y cans ore
Can Specific Plan (SP 88-1), meanin that the development standards of the "C-NC
Nei Center Commercial Zone in Chapter 18-08 (Commercial Zones of the Anaheim
Municipal Code in combination with the Scenic Corridor ( SC ) Overla Zone appl for
development in this area. The Anaheim General Plan desi the propert for Neighborhood
Center land uses; and Z--
WHEREAS, the Plannine, Commission did hold a public hearin at the Civic Center in
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the Cit of Anaheim on Jul 15, 2013 at 5-00 pm., notice of said public hearin havin been
dul aiven as re b law and in accordance z1_-
n rdance with the provisions of Chapter 18-60 of the
Anaheim Municipal Code (herein referred to as the "Code"), to hear and consider evidence -for
and a said proposed conditional use permit to investi and make findi.n and
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in connection therewith and
WHEREAS, as the lead a under the California Environmental Qualit Act (Public
Resources Code Section 21000 et se herein referred to as "'CEQA"' the Plannin Commission
finds and determines that the Proposed Pro is within that class of pro which consist of
the construction and/or placement of minor structures accessor to existin commercial facilities,
includinor the placement of on-premises si and that, therefore, pursuant to Section 15311 of
Tflle 14 of the California Code of Re the Proposed Project will not cause a si
effect on the environment and is, therefore, categoricall exempt from the provisions of CE A;
and
WHEREAS, the Plannin Commission, after due inspection, investi and stud
made b itself and in its behalf, and after due consideration of all evidence and reports offered at
or
said hearin with respect to Variance No. 10 13-04927 to permit more si than perm itted b the
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Code should be approved for the followin reasons:
SECTION NO. 18-18-090-050.0501.02 Maxi m um number- of wa ll sign s.
(2 si permitted for corner units-
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3 si proposed
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There are special circumstances applicable to the Propert includin size, shape,
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topo location or surroundin which do not appl to other propert under the identical
zonin classification in the vicinit because the bank buildin is located at the bottom of a 15-
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foot hi landscaped slope and visibilit from two arterial h'orhwa is partiall obscured due to
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the lower level of the buildin and
2. Because of special circumstances, strict application of the Bonin cr Code deprives
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the Propert of privile e nj o y ed b other propert under the identical zonin classification in
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the vicinit because wall si variances have been g ranted for other businesses within the Scenic
Corridor Overla zone.
NOW, THEREFORE, BE IT RESOLVED that the Plannin Commission does hereb
approve Variance No. 2013-04927 subject to the conditions of approval described in - Exhibit B
attached hereto and incorporated herein b this reference, which are hereb found to be a
necessar prere to the proposed use of the Propert in order to preserve the health, safet
and g eneral welfare of the Citizens of the Cit of Anaheim. ExteDS1.011S for further time to
complete conditions of approval ma be g ranted in accordance with Section 1.8.60.170 of the
Anaheim Municipal Code. Timin for compliance with conditions of approval ma be amended
b the Plannin Director upon a showin of g ood cause provided ( i) e timin is
established that satisfies the ori intent and purpose of the condition (s), (1*1) the modification
applicant complies with the Code, and ( iii) the cant has demonstrated si pro toward
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establishment of the use or approved development.
BE IT FURTHER RESOLVED, that an amendment, modification or revocation of this
permit ma be processed in accordance with Chapters 18.60.1 90 (Amendment to Permit
Approval and 18.60.200 (Cit Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Plannin Commission does hereb find and
determine that adoption of this Resolution is expressl predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should an such condition, or an part
thereof, be declared invalid or unenforceable b the final jud anent of an court of competent
jurisdiction, then this ReSOIL[tion, and an approvals herein contained., shall be deemed null and
vo id,
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed re onl to the extent that it complies with the Code and an other applicable
Cit State and Federal regulations. Approval does not include an action or findinas as to
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compliance or approval of the re re an other applicable ordinance, re or
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requireent. L--
BE IT FURTHER RESOLVED that the applicant is responsible for pa all char
related to the processin of this discretionar case application within 15 da of the issuance Of
the final invoice. Failure to pa all char shall result in the revocation of the approval of this
application.
-2- PC2013-054
THE FOREGOING RESOLUTION was adopted at the Plannin Commission meetin of
Jul 15, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertainin to appeal procedures and ma be replaced b a Cit Council Resolution in
the event of an appeal.
CHAIR, ANAHEIM CITY PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
V
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretar of the Anaheim Cit Plannin Commission, do
hereb certif that the fore resolution was passed and adopted at a meetin of the Anaheim
Cit Plannin Commission held on Jul 15, 20133 b the followin vote of the members thereof:
AYES: COMMISSIONERS: LIEBERMAN, PERSAUD, RAM
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set m hand this 15'h da of Jul 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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E XHIBIT "A l f
DEV NO. 2013-00026
354- - 21
354 -
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Source: recorded Tract Maps andlor City GIS.
` Please note the accuracy is +!- two to firm feet.
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EXHIBIT "B"
VARIANCE NO, 2013 -04927
(DEV2013
NO, CONDITIONS OF APPROVAL REVIEW SIGNED
Y [OFF BY
GF-WERAL A'N'N
The Property shall be developed substantially in Planning
.accordance with plans and specifications submitted by the
applicant to, and approved by, the City of Anaheim and
which plans are on file with the Planning Department
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marked Exhibit Nos. l - 6.
-5- P 201 -054