Resolution-PC 2004-61~ ~
' RE50LUTION NO. PC2004-61
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING
AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF
CONDITIONAL:USE PERMIT N0. 2004-04839 ,
(862 SOUTH HARBOR BOULEVARD)
' WHEREAS, on March 22, 2004, the Anaheim City Planning Commission,' by Resolution Na
PC2004-33 approved Conditional Use Permit Na'2004-04839 to establish an automobile rental agency at
862 South Harbor Boulevard; and
WHEREAS, said Resolution No. PC2004'-33 includes the following condifion of approval
"1. That the proposal shall comply with all signing requirements for a residential structure in
the CO (Commercial, Office and Professional) Zone which is converted to a commercial
use unless a variance allowing sign waivers is approved by the Planning Commission or
` City Council."
WHEREAS, this property is currently developed with a residential structure that was converted to an
office use in 1975, and is zoned C0 (Commercial, Office and Professional); the Anaheim General Plan Land
;Use Element Map designates this property for'Commercial Professional land uses, and is situated in the City
of Anaheim, County of Orange, State of California, described as
' LOT 35 OF TRACT NO. 1392 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 42 PAGES 25 AND 26
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY. '
WHEREAS, the petitioner has requested deletion of a condition of approval pertaining to commercial
signage for a residential structure and a waiver of the maximum size of commercial signage for residential
structures under authority of Code Section 18.03.092; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on June 2, 2004, 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 Municipa~ Code, Chapter 18.03, to hear and
consider evidence for and against said proposed conditional use permit 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 to remove and reconstruct the existing unpermiffed sign on site
with waiver of the following:
(a) SECTION NO. 18.05.065.010 Commercial signinq for residential structures
(Maximum of 8 sauare feet permitted; 28
sguare feet existing and proposed)
2. That the above mentioned waiver is hereby denied on the basis that because the signage
located on adjacent properties is un-permitted, the granting of this variance would have the effect of granting
a special privilege not shared by other similar properties, specifically because there are no special
circumstances applicable to the property such as size, shape, topography, location or surroundings, which
~ do not apply to other identically zoned properties in the vicinity. Additionally, the strict application of the
Zoning Code does not deprive the property of privileges enjoyed by other properties under identicai zoning
CR\PC2004-061 -1- PC2004-61
(TRACKING NO. CUP2004-04849)
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classificatiorr in the vicinity as the signs identified on adjacent properties have not been established with the
benefif of appropriate City review or approvals.
3. That the modification to'the condition pertaining to commercial signage for residential
structures is not necessary to`permit the reasonable operation of the automobile rental agency as this
modification would effectively grant a special privilege not shared by other similar properties in the vicinity. '
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation. :
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does ,
hereby deny the request for a signage waiver and request for an amendment to Resolution No. PC2004-33
adopted in connection with Conditional Use Permit No. 2004-04839, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
2, 2004. Said resolution is subject to the appeal provisions set forth in ehapter 18.03, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal pro edures and -may be replaced by a City
Council Resolution in the event of an appeal.
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C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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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 Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 2, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO
NOES: COMMISSIONERS: VANDERBILT-LINARES
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~T"~ day of
~n:~ , 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMM1551UN
-2- PC2004-61