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Resolution-PC 2002-149• RESOLUTION NO. PC2002-149 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC2001-176, ADOPTED IN CONNECTION WITH VARIANCE NO. 2001-04469 WHEREAS, on December 17, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-176, approve Variance No. 2001-04469 for waiver of maximum number of wall signs to permit seven wall signs for two automobile dealerships; and WHEREAS, subject property is developed with two full service automobile dealerships (Weir Canyon Acura and Weir Canyon Honda); that the zoning is CL(SC) (Commercial, Limited - Scenic Corridor Overlay); that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and that the property is located in the River Valley Redevelopment Project Area; and WHEREAS, under authority of 18.03.091 of the Anaheim Municipal Code the petitioner has requested amendment of Variance No. 2001-04469 for waivers of permitted commercial center identification sign and maximum number of wall signs to construct a new monument sign and one new wall sign for an existing auto dealership (Weir Canyon Acura) in addition to the previously approved seven wall signs for the finro auto dealerships; and that two new exhibits labeled Revision No. 1 of Exhibit No. 2 and Exhibit No. 12 were submitted to illustrate the proposed signs; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 2002, 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 connection therewith; and that the hearing was continued to the October 7, 2002 meeting; 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 the following waivers to construct a new monument sign and one additional wall sign for an existing automobile dealership (Weir Canyon Acura) in addition to the previously approved seven wall signs for two automobile dealerships (including Weir Canyon Honda): (a) Sections 18.05.091.010 - Permitted commercial center identification siqn. 18.05.091.010.011 (one sinqle-sided identification sign on a 36-inch hiqh decorative wall 18.42.067 permitted; and 18.84.060.040 one double-faced, 8-foot hiqh monument sign proposed) (b) Sections 18.05.091.020 - Maximum number of wall siqns. 18.42.067 One wall sign for each dealership permitted; and 18.84.060.040 eiqht wall signs proposed for two dealerships) 2. That waiver (a), permitted commercial center identification sign, is hereby approved based on the unique constraints of the site being located along the curve of La Palma Avenue and the showroom being setback a significant distance from said arterial highway; and that monument signs have been approved for other automotive dealerships in the area. _~~" 3. That waiver (b), maximum number of wall signs, is hereby approved in part, limiting the additional (eighth) wall sign to a logo only based on special circumstances applicable to the property Tracking No. VAR2002-04526 cr5477dm.doc ~ • consisting of its shape, topography, location and surroundings which do not apply to other identically zoned property in the vicinity because the property is irregularly-shaped and the site is located along the curve of La Palma Avenue and the showroom is setback a significant distance from said arterial highway; that the proposed wall signs (Signs "A" through "G" and the new logo) will provide effective identification to the public traveling along La Palma Avenue and Weir Canyon Road; that multiple wall signs have been approved for other automobile dealerships in the area to appropriately identify the businesses to the public; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 4. That there are exceptional 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. 5. That the requested waivers are necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested waivers will not be materially detrimental to the public welfare nor injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL 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 amend Resolution No. PC2001-176, adopted in connection with Variance No. 2001-04469, to permit construction of a new monument sign and eight wall signs for finro automobile dealerships; and BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC2001- 176 are amended in their entirety to read as follows: 1. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission at a noticed public hearing. 2. That no sign shall be lighted between the hours of midnight and 6:30 a.m. 3. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are or~ file with the Planning Department marked Exhibit No. 1, Revision No. 1 of Exhibit No. 2, and Exhibit Nos. 3 through 12, provided that the new (eighth) wall sign (for the Acura dealership) shall be a logo only; and as conditioned herein. 4. That the approved signs shall be maintained in a"like-ne~n/' condition and refurbished when necessary. 5. That within a period of one (1) month from the date of this resolution, the property owner shall submit a letter to the Zoning Division requesting termination of Variance No. 3544 (waiver of maximum number and type of signs, maximum area and display surfaces, and limitations on sign lighting to construct three (3) freestanding signs and three (3) wall signs) to the Zoning Division. 6. That within a period of one (1) year from the date of this resolution or prior to final building and zoning inspections for the new (eighth) wall sign, whichever occurs first, Condition No. 3, above-mentioned, shall be complied with. ~ ~ 7. 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 cou~t of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 7, 2002. --~~~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: /'~~-~ ~.,~y,.~..r~..-c~lo SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 October 7, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~-Zh~day of Qr ~ v 1J PJL , 2002. ~--- ~.,til,~.-~-.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION