Resolution-PC 2003-164~ ~
RESOLUTION NO. PC2003-164
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2003-04585 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:
PARCELA: PARCEL 1 AS SHOWN ON THE PLAT ATTACHED TO THAT
CERTAIN LOT LINE ADJUSTMENT NO. 297 RECORDED MAY 16, 1994 AS
INSTRUMENT NO. 94-0335958 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL B: EASEMENT FOR INGRESS, EGRESS, LANDSCAPING, PARKING
AND UTfUTIES OVER PARCEL 4 OF SAID PARCEL MAP NO. 87-416 AS MORE
PARTICULARLY SET FORTH IN THAT CERTAIN GRANT OF EASEMENTS
RECORDED FEBRUARY 26, 1993 AS INSTRUMENT NO. 93-0135392 OF OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 1, 2003, 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 (Zoning Procedures-Amendments, Conc}itionaf Use Permits and VariaRees), ~o-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 proposes waiver of the following to construct a freeway-oriented
parapet sign in conjunction with a home improvement store:
Sections 18.05.091.020 - Permitted signs in the Scenic Corridor Overlay Zone.
18.84.036 (One wall-mounted siqn permitted for each individual building unit;
and 18.84.062.040 one freeway-oriented parapet siqn proposed)
2. That the above-mentioned waiver is hereby granted based on the property's large size,
topography, location and unique orientation relative to nearby major arterial highways and the freeway
which do not apply generally to other properties or cfasses of use in the same viciniry and zone; and that
the waiver is further granted based on the significant grade differential between the property and the
freeway, and the difficult and indirect access to the site from Weir Canyon Road which make this site
difficult to see and access.
3. That the requested waiver 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 because a majority of the retail businesses in the vicinity have property frontage and
visibility from nearby arterial highways such as Weir Canyon Road and La Palma Avenue; and that strict
application of the Zoning Code would deprive this property of privileges enjoyed by other properties under
identical zoning classification in the vicinity.
4. That the requested waiver will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the property is located.
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5. That the total area of proposed wall signage, including the proposed parapet sign, for the
large home improvement store (204,016 sq.ft. consisting of a 139,462 sq.ft. building and 64,554 sq.ft.
garden center) will not exceed the area of wall signage permitted in connection with Variance No. 4251
which was approved by the Planning Commission in 1994 to permit shopping center identification signage
consisting of two monument signs and six wall signs.
6. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
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 all on-site signage shall be maintained in `like-new' condition and free of graffiti at all times.
2. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3990 (to retain an arcade within the former `Super K-Mart' store).
3. That na additionat permanent or temporary ad~rertising of any type whatsoever shall-be displayed on
the parapet that will contain the sign approved in connection with this Variance.
4. Proposed Condition No. 4 was intentionally deleted at the December 1, 2003 public hearing.
5. That the 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 through 6, and as conditioned herein.
6. That prior to issuance of a city permit for the approved sign or within a period of one (1) year from
the date of this Resolution, whichever occurs first, Condition No. 2, above-mentioned, shall be
complied with. Extensions for further time to complete said condition may be granted in accordance
with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use
Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be
complied with.
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 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 court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 1, 2003. ,
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IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
i~~2~s~v~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City P~anning Commission, do hereby
certify that fhe foregoing Resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission heid on December 1, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 31J'~ day of
~[.l~prr, ~e r , 2003.
~~.-~-~'Z ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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