Resolution-PC 2004-90~ ~
RESOLUTION NO: PC2004-90
' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THATPETITION FOR VARIANCE N0. 2004-04618 BE GRANTED
,' WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for'certain real property situated in the City o# Anaheim, County of Orange`, State of California
described as
PARCEL A: THAT PORTION OF PARCEL 1 AND 2, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP -
FILED IN BOOK 45, PAGE 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; DESCRIBED AS PARCEL 1 OF THAT CERTAIN LOT
LINE ADJUSTMENT RECORDED SEPTEMBER20, 1983 AS INSTRUMENT N0. 83= '
413523 OF OFFICIAL RECORDS. '
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 9, 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 Municipal Code, ,Chapter 18.03, to
~ hear and consider evidence for and againstsaid 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 and re4ain an existing sign on'a
freestanding architectural feature:
SECTION NO. 18.44.090.0201 Maximum size of freestandinq sipn (8 feet hiqh,
8 feet wide. 60 square feet of sian area
permitted; 15 feet hiqh, 48 feet wide. 66 square
feet of siqn area proposed)
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property such as size, shape, topography, location and surroundings which
do not apply to other identically zoned property in the same 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 vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property thaf do not apply generally to the property or class of
use in the same vicinity and zone including the unusual depth of the lot relative to it's width and that the
building has a deep setback from Coronado Street thereby limiting visibility from the street, and that the
freestanding architectural features further restrict visibility of the building from the street.
4. That the requested variance is necessary for the pr-eservation 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 located.
6: That no one indicated their presence at said public hearing in opposition; and thatno
correspondence was received in opposition to subject petition.
CR\PC2004-090 -1- PC2004-90
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning Director or her
authorized representative has determined that the proposed project fails within the definition of Categorical
Exemptions, Section 15301, Class 11 (Accessory Structures); 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
herebygrant subjecf 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 if required the applicant shall obtain a sign permit from the Building Division.
2. That no other signage, exceptthat existing; shall be affixed to the architectural structures. Additionally,
thatno further wall signs and/o`r monument signs shall be permitted on the property. Any change in the
existing signage shall be reviewed and approved by the Planning Services Division staff.
3. That a letter from the property owner, requesting termination ofi Uariance No. 2862 (waiver of
requirement that all uses be conducted in a building; to establish outdoor manufacturing), shall be
submitted to the Zoning Division.
4. That subject property shall be developed and maintained 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 of Exhibit Nos.1 and 2, and as conditioned herein.
5. That within a period of sixty (60) days from the date of this resolution, whichever occurs first, Condition
Nos. 1, 2, 3 and 4 above-mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code.
6. 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 herebyfind
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.
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
August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaini to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
.
CHAIRPERSON, ANAHEIM CITY PLANNING CO MISSION
ATTEST: _ _
~~j~ r
~~-,g-~,,.r~-- i~' /"(~'o '
: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- . PC2004-90
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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 August 9, 2004, by the following vote of the members thereof: ~
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES, -
VELASQUEZ
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: NONE '
IN WITNESS WHEREOF, I have hereunto set my hand this .G.~ ~ day of
(J , 2004.
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SENIOR SECRETARY, ANAHEIM CI~YPLANNING COMMISSION