Resolution-PC 2005-40! ~
RESOLUTION NO. PC2005-40
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2005-04647 BE GRANTED
(215 NORTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in #he City of Anaheim, County of Orange, State of California described as:
PARCEL 1: COMMENCING AT A POINT IN THE CENTER OF PALM STREET ON THE
SOUTH SIDE OF THE WATER ALLEY ON THE NORTH BOUNDARY OF VINEYARD LOT D6,
SAID POINT BEING 816.75° FEET NORTHWEST FROM THE POINT OF INTERSECTION OF
THE CENTERLINE OF CENTER STREET AND PALM STREET, AS SHOWN ON A MAP OF
ANAHEIM, RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, AND RUNNING THENCE IN A SOUTHEAST DIRECTION
ALONG THE CENTERLINE OF pALM STREET, 363.1 FEET TO A POINT; THENCE AT -
RIGHT ANGLES IN THE SOUTHWEST DIRECTION 374 FEET TO A POINT; THENCE AT
RIGHT ANGLES IN A NORTHWEST DIRECTION 363.9 FEET TO THE SOUTH LINE OF SAID
WATER ALLEY ON THE NORTH BOUNDARY OF SAID VINEYARD LOT D6; THENCE AT
RIGHT ANGLES IN THE NORTHEAST DIRECTION ALONG THE SOUTH LINE OF SAID
WATER ALLEY 374 FEET TO THE POINT OF BEGINNING, CONTAINING 3 ACRES, MORE
OR LESS.
RESERVING THEREFROM PALM STREET AS LAID OUT ON THE GROUND.
ALSO RESERVING THE RIGHT TO CONSTRUCT AND OPERATE A PIPELINE ALONG THE
EASTERLY LINE AS CONVEYED TO THE ANAHEIM UNION WATER COMPANY BY A
DEED RECORDED IN BOOK 86, PAGE 295 OF DEEDS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; ALSO RESERVING THE STREETS AS RESERVED IN THE DEED FROM L.T.
GARNSEY AND OTHERS RECORDED IN BOOK 439, PAGE 137 OF DEEDS, RECORDS OF
LOS ANGELES COUNTY CALIFORNIA.
ALSO SUBJECT TO ANY AND ALL OTHER RESERVATION, EASEMENTS, RIGHTS OF
WAY AND ROADS OF RECORD.
PARCEL 2: COMMENCING AT A POINT ON THE SOUTH SIDE OF THE WATER ALLEY
ON THE NORTH BOUNDARY OF VINEYARD LOT D6, SAID POINT BEING 816.75 FEET
NORTH 15.5° WEST AND 374 FEET SOUTH 75.5° WEST OF THE INTERSECTION OF THE
CENTERLINE OF CENTER STREET AND PALM STREET, AND RUNNING THENCE SOUTH
75.5° WEST, 356.4 FEET; THENCE SOUTH 15.5° EAST, 365 FEET; THENCE NORTH 75.5°
EAST 356.4 FEET; AND THENCE NORTH 15.5° WEST, 365 FEET TO THE POINT OF
BEGINNING AND CONTAINING 3 ACRES OF LAND, MORE OR LESS, AND BEING A
PORTION OF VINEYARD LOT D6, AS SHOWN ON A MAP OF ANAHEIM, RECORDED IN
BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CAUFORNIA.
PARCEL 3: LOTS 1 TO 6 INCLUSIVE AND LOT 8 IN BLOCK 2 OF RESH'S
SUBDIVISION OF VINEYARD LOT D6, AS SHOWN ON A MAP RECORDED IN BOOK 4,
PAGE 92 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 21, 2005, at 2:00 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 18.60
"Procedures", to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
CR\PC2005-040 -1- PC2005-40
~ ~
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 thefollowing facts: '
1, That the petitioner proposes waiver of the following to construct a replacement freestanding
sign for a private school:
SECTION NO. 18.44.070 - Permitted tvpe, siqn and dimensions of a
freestandinq sictn 20 square foot wall or
freestanding sign permitted; 32 square foot
freestanding sign proposed)
2. That the above-mentioned waiver is 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 private and public school properties in the vicinity
and the City at-large.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property because the building is setback a large distance from Harbor Boulevard making identification
through waq signage infeasible; and that a monument sign would not provide adequate identification
because of the existing 6 foot high perimeter security fencing adjacent to Harbor Boulevard 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 school properties 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 since the
proposed freestanding sign would be replacing an existing legal nonconforming sign recently removed from
the property.
6. That no one indicated their presence at said public hearing in opposition; and thatno
correspondence was received in opposition to subject petition.
CAUFORNIA ENVIRONMENTAL QUALITYACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 11 (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 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 applicant shall obtain a sign permit from the Building Division.
2. That no new freestanding or monument signs shall be located on the property.
3. 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.
4. That the sign shal{ be located so that it does not encroach into the ultimate public right-of-way, unless
otherwise approved by the City Engineer.
_2- PC2005-40 ,
i •
5. That a final sign plan shali be submitted to the Planning Services Division for review and approval
incorporating the concerns sxpressed at the Planning Commission meeting of March 21, 2005, and
that any decision by staff regarding this sign may be appealed to the Planning Gommission as a
Consent Calendar item.
6. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4 and 5, above-mentioned, shall be complied with.
Extensions of further time to complefe said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections, Condition Na 3, above-mentioned, shall be
complied with.
8. That approval of this application constitutes approval of the proposed request only to #he 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 thatthe Anaheim 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 anysuch condition, or anypart 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.
AND BE IT FURTHER RESOLVED 3hat the appficant is responsible for paying all charges
related to the processing of this discretionary case application within 7 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 21; 2005. Said resolution is subject to the appeal provisi n orth in Ch r 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal pro~ t~ n_ a e r by a City Council
Resolution in the event of an appeaL R
r~
CHAIRMAN, ANA IM PLA NING OMMISSION
ATTEST:
~~~ ~ .
~~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 21, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO, VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 5 T~ day of
r~`C , 2005.
~~sY.~..~.-L-- /~o''1't~c~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-40