Resolution-PC 2003-3• •
RESOLUTION NO. PC2003-3
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04546 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 LOT 28 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY
MADE BY WILLIAM HAMMEL AND FILED IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS
SHOPWN IN BOOK 3, PAGE 163 ET SEQ., ENTITLED "LOS ANGELES COUNTY
MAPS", RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY SHOWN AS
PARCE~ 2 ON A PARCEL MAP RECORDED IN BOOK 50, PAGE 9 OF PARCEL MAPS,
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 13, 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, 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 proposes waiver of the following to permit two business identification wall
signs on an existing restaurant building:
Section Nos. 18.48.130.060.0601(d)(1) - Maximum number of wall siqns.
and 18.48.130.060.0604 (One business identification wall siqn per buildinq permitted for
a freestanding restaurant;
Two business identification wall siqns proposed, consisting of
one existing sign on the south building elevation and one
proposed sign on the north building elevation)
2. That the above-mentioned waiver is hereby granted on basis that there are special
circumstances applicable to the property consisting of its configuration and the existing building which do not
apply to other identically zoned properties in the vicinity, including that the existing wall sign on the
restauranYs south building elevation is visible to northbound Harbor Boulevard traffic only, not to southbound
traffic and that two wall signs will provide for restaurant identification in both directions; that site constraints
preclude installation of an 'Anaheim ResortTM'' freestanding monument sign because the setback between
the restaurant and the public right-of-way is approximately 8 to 11 feet wide and a minimum 12-foot wide
area is needed to accommodate a monument sign; and that the other properties on the west side of Harbor
Boulevard between Vermont Avenue and Ball Road are also located within the Anaheim Resort Specific Pfan
Zone, and subject property is the only property on the block where it is not feasible to install an `Anaheim
ResortT"'' monument sign due to the narrow width of the front setback area.
3. 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 waivers to permit a second wall
sign for freestanding restaurants have been approved in the past where it was not feasible to instalf an
`Anaheim ResortT"'' monument sign (i.e., sign waivers were approved to allow two wall signs at the Tiffy's
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Family Restaurant on the southeast corner of Katella Avenue and West Street, and at the Coco's Restaurant
on the southwest corner of Katella Avenue and West Street).
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 properry 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 located.
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's
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 subject property shall be developed substantially in accordance with the plans and
specifications subrrtf~ted to the-GEty-o# Anaheim by ihe petitioner.and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 3.
2. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2003.
CHAIR RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~i2~..w /l'L.~-w..~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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~ ~
I, Eleanor Morris, 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 Pianning Commission
held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ I WITNESS WHEREOF, I have hereunto set my hand this oZ g T~ day of
, 2003.
i~YLo~.~,.-o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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