Resolution-PC 2000-34~ RESOLUTION NO. PC2000-34 •
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4392 BE GRANTED
WHEREAS, the Anaheim City 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
described as:
THE WEST 190 FEET OF THE NO'RTH 210 FEET OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, AS SHOWN ON A M14P RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 27, 2000, at 1:30 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
18.03, to hear and consider evidence for and against said proposed variance and to investigate and make
findings and recommendations in connectio'n therewith; and '
WHEREAS, said 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 petitioner proposes waiver of the following to permit two business identification
wall signs with a maximum letter height of 24 inches:
Sections 18.48.130.060.0601(d)(1) - Permitted Siqns and Siqn Standard Matrices.
and 18.48.130.060.0604 (One business identification wall sign per buifding or storefront
with a maximum letter height of 18 inches permitted;
two with a maximum letter height of 24 inches proposed for a
full-service restaurant and ice cream parlor, one wall sign
facing Katella Avenue and one facing West Street)
2. That Yhe above-mentioned waiver is hereby granted on basis that special circumstances
have been identified that are applicable to the size and location of the subject property, which do not
apply to other identically-zoned properties in the vicinity, and that strict application of the Zoning Code
would deprive the property of privileges enjoyed by other properties in the identical zone classification in
the vicinity because the property is a corner lot with frontages on two arterial highways (Katella Avenue
and West Street) and has been impacted by public right-of-way improvements on both street frontages.
3. That as a result of the public right-of-way improvements, the width of the setbacks
between the building and the public rights-of-way along both Katella Avenue and West Street have been
reduced thereby precluding the property from installing an Anaheim Resort freestanding monument sign.
4. That all properties within the Anaheim Resort are typically permitted by Code to install
one wall sign and one freestanding monument sign providing identification that can be oriented towards
the adjacent street frontage.
5. That strict application of the Zoning Code will restrict visibility and deprive this property of
reasonable identification; and that installation of two wall signs, as proposed, will provide business
identification on Katella Avenue and West 5treet.
6. That there are exceptionali or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of'the property that do not apply generally to the property or class
of use in the same vicinity and zone.
CR3920PK.DOC -1- PC2000-34
7. That the requ•ed variance is necessary for the preservat~n and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
8. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMEiNTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
That subject property shall be developed substantially in accordance with the plans and
specifications on file in the Planning Department marked Exhibit Nos. 1 through 6.
2. That approval of this application consYitutes approval of the proposed ~equest only to the extent that
it complies with the Anaheim Municipal 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 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 fo~th. 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 contai;ned, shall be deemed null and void.
THE FOREGOING RESOLUTION was adp~te~ t t~ Planning Commission meeting of
March 27, 2000. //
CHAII~f'E ON PRO TEMPORE,
AIVAHEI CITY PLANNING COMMISSION
ATTEST:
~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
-2- PC2000-34
~ •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passe~ and adopted at a meeting of the Anaheim City Planning
Commission held on March 27, 2000, by th!e following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, ~OSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMIVIISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
' IN WI7NESS WHEREOF, I have hereunto set my hand this ~j! day of
_ , 2000.
SECRETARY, I~NAHEIM CITY PLANNING COMMISSION
_3_ PC2000-34