Resolution-PC 2002-42~ !
RESOLUTION NO. PC2002-42
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04484 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:
THAT PORTION OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF LINCOLN
AVENU, 60.00 FEET WIDE, WITH THE SOUTHERLY PROLONGATION OF THAT
CERTAIN COURSE IN THE WESTERLY LINE OF CRESCENT WAY, AS
DESCRIBED IN PARCEL 2 IN THE DEED TO THE CITY OF ANAHEIM,
RECORDED NOVEMBER 1, 1957, IN BOOK 4089, PAGE 397, OFFICIAL
RECORDS, AS HAVING A BEARING AND DISTANCE OF NORTH 0 DEGRESS 08'
37" WEST 1942.14 FEET THENCE NORTH 0 DEGREES 08' 37" WEST 1237.14
FEET ALONG SAID PROLONGATION AND SAID WESTERLY LINE TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 37' 25" WEST 34.05 FEET
TO A LINE WHICH IS PARALLEL WITH AND DISTANT 450.00 FEET EASTERLY
OF (MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF MULLER AVENUE,
AS DESCRIBED IN PARCEL ONE IN THE ABOVE MENTIONED DEED TO THE
CITY OF ANAHEIM; THENCE ALONG SAID LINE, NORTH 0 DEGREES 02' 24"
WEST 250.00 FEET; THENCE SOUTH 89 DEGREES 37' 25" EAST 353.59 FEET
TO SAID WEST LINE OF CRESCENT WAY; THENCE ALONG SAID WEST LINE
SOUTH 0 DEGREES 8' 37" EAST 250.01 FEET TO THE TRUE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 11, 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
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 requests the following waiver to construct a new monument sign:
Sections i 8.05.093.030 - Permitted location of freestanding or monument type signs.
and 18.61.067 (minimum 83 feet from the north property line required (i.e., a distance
equal to 33% of the parcel width);
61 feet from the north property line proposed (24% of the parcel width))
2. That the above-mentioned waiver is hereby granted on basis that there is a special
circumstance applicable to this industrially-zoned property, consisting of its frontage on Crescent Way,
which is comparatively narrow and limits opportunities for placement of a monument sign and which
circumstance does not apply to other identically zoned property in the vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone
and classification in the viciniry.
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3. 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.
4. That the requested variance is 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.
5. 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 tocated.
6. 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 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:
1. That the final plan for the approved monument sign shall be submitted to the City Traffic and
Transportation Manager for review and approval and shall show conformance with Engineering
Standard No. 137 pertaining to visibility. Said information shall be specifically shown on the plans
submitted for building permits.
2. That the monument sign shall include the numeric street address on the base in minimum nine (9)
inch high letters; and that the sign shall be located in a landscaped planter having a minimum area
equal to at least one-half the total area of the sign, in compliance with subsection 18.05.076.020 of
the Zoning Code. Said information shall be specifically shown on the plans submitted for building
permits.
3. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance
No. 2523 (for waiver of the required enclosure of outdoor uses at 305 North Crescent Way).
4. That the monument sign shall be maintained in "like-nev~' condition; and shall be maintained free of
graffiti at all times.
5. 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 on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
6. That prior to issuance of a building permit or ~vithin a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections Condition No. 5, above-mentioned, shall be
complied with.
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8. 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 Ciry 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 11, 2002.
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CHAIRPE N, ANAHEIM I PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE O.F CALIFQRNIA )
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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
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IN WITNESS WHEREOF, I have hereunto set my hand this ~--s day of
~t ~~~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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