Resolution-PC 2008-14•
RESOLUTION NO. PC2008-14
•
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2007-04741 BE GRANTED
(888 SOUTH DISNEYLAND DRIVE)
WHEREAS, the Anaheim 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 PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 39 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL
ROAD AS SAID INTERSECTIONS SHOWN ON A PARCEL MAP FILED IN BOOK 40,
PAGE 9 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE CENTERLINE OF SAID BALL ROAD S89° 09'34:E :1659 .62 FEET; THENCE
N39°57'34"W 524,89 FEET; THENCE N30°57'37"W 76.72 FEET; .THENCE N 39°57'40"W
246.60 FEET; THENCE N41 °06' 12: W 82.40 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2989.00 FEET; THENCE
NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 03°11'36'; THENCE N44°17'48"W 486.69 FEET TO THE NORTHWESTERLY LINE OF
SAID PARCEL 3, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
CONTINUING N44°1748W 2.78 FEET TO A POINT ON A LINE PARALLEL WITH AND
DISTANT 2.42 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE OF SAID
PARCEL 3; THENCE WESTERLY ALONG SAID PARALLEL LINES 75 10' 04" W 47.79
FEET; THENCE LEAVING SAID PARALLEL LINEN 65° 44' 18" W 27.88 FEET TO A
POINT ON A LINE PARALLEL WITH AND DISTANT 20.00 FEET NORTHWESTERLY OF
SAID NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE S 75° 10' 04" W 125.00
FEET; THENCE S 3° 33' S3" W 29.00 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINEN 75° 10'
04" E 216.79 FEET TO THE POINT OF BEGINNING.
DD 200041-O1-02
RESERVING UNTO THE STATE OF CALIFORNIA, AN EASEMENT FOR SLOPE
PURPOSES OVER THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN
BOOK 52, PAGE 39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY LYING WITHIN A STRIP OF LAND 2.42 FEET WIDTH, THE
NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
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COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL
ROAD AS SAID INTERSECTION IS SHOWN ON A PARCEL MAP FILED IN BOOK 40,
PAGE 9 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE CENTERLINE OF SAID BALL ROADS 89° 09' 34" E 1659.62 FEET;
THENCE N 39° 57' 34" W 524.89 FEET; THENCE N 30° 57' 37" W 76.72 FEET; THENCE N
39° 57' 40" W 246.60 FEET THENCE 41° 06' 12" W 82.40 FEET TO THE BEGINNING OF
A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADNS OF 2989.00 FEET;
THENCE NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGEL OF 03° 11' 36"; THENCE N 44° 17' 48" W 486.69 FEET TO THE
NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE CONTINUING N 44° 17' 48" W
2.78 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 2.42 FEET
NORTHWESTERLY LINE OF SAID PARCEL 3;THENCE WESTERLY ALONG SAID
PARALLEL LINE 5 75° 10' 04" W 24,79 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING WESTERLY ALONG SAID PARALLEL LINES 75°10' 04" W 23.00 FEET
COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL
ROAD AS SAID INTERSECTION IS SHOWN ON PARCEL MAP FILED IN BOOK 40,
PAGE 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE
ALONG THE CENTERLINE OF SAID BALL ROAD SOUTH 89° 09' 34" EAST 1659.62
FEET; THENCE NORTH 39° 57' 40" WEST 524.89 FEET; THENCE NORTH 30° 57' 37"
WEST 82.40 FEET TO THE "POINT OF BEGINNING", SAID POINT OF BEGINNING
ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 2989 FEET; THENCE NORTHWESTERLY 166.59 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 11' 36"; THENCE NORTH 4° 17'
48" WEST 486.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3.
BOUNDED WESTERLY BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF HAMPSHIRE AVENUE AND
WEST STREET AS SHOWN ON TRACT NO. 1949, RECORDED IN BOOK 89, PAGES 6, 7
AND 80F MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAIDCOUNTY; THENCE ALONG THE CENTERLINE OF SAID WEST STREET NORTH
14° 50' 23" WEST 116.63 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE NORTH 75° 10' 04" EAST 60
FEET ALONG SAID LINE TO THE NORTHWESTERLY CORNER OF SAID PARCEL;
THENCE NORTH 75° 10' 04" EAST 65,17 FEET ALONG SAID LINE TO THE
NORTHWESTERLY LINE TO THE "TRUE POINT OF BEGINNING"; THENCE SOUTH
19° 00' 26" WEST 33.93 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 267 FEET; THENCE SOUTHERLY
157.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 40' S2";
THENCE NORTH 75° 10' 34" EAST 7 FEET; THENCE SOUTH' 14° 49' 26" EAST 80.62
FEET; THENCE SOUTH 16° 07' 30" EAST 90.69 TO THE SOUTHEASTERLY LINE OF
SAID PARCEL 3.
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WHEREAS, the petitioner requests approval of a waiver of maximum number of
wall signs to allow a total of four wall signs on an existing legal nonconforming office building
in The Anaheim Resort, where a maximum of two wall signs are permitted; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 23, 2008 at 2:30 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 18.60 "Procedures", to hear and consider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection
therewith; and
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 requests waiver of the following to construct two additional
wall signs for an office building:
(a) SECTION NO. 18.116.160.050 Maximum number of wall suns.
(two signs permitted; four signs
proposed)
2. WHEREAS, said Commission approved the requested variance in part permitting
one additional wall sign for a total of three wall signs on the office building.
3. That given the use of the building as a legal non-conforming office building, strict
application of the Zoning Code would deprive the property of privileges enjoyed by other
properties with identical zoning in the vicinity as the property is developed with a legal non-
conforming office building that is located at the edge of the Anaheim Resort, the property has
limited access from Disneyland Drive and there are limited views of the on-site business
identification monument sign from Disneyland Drive due to the design of the roadway; therefore,
one additional wall sign for a total of three wall signs, will provide the office building with better
and more appropriate business identification.
4. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning
Director's authorized representative has determined that the proposed project falls 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve Variance No. 2007-04741 to permit one additional wall sign,
for a total of three wall signs, on the basis of the aforementioned findings and 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 health and safety of the Citizens of the City of Anaheim:
Responsible
COA Conditions of Approval for
Monitorin
TIMING:. PRIOR TO ISSUANCE OF BUILDING PERMIT
COAI That all signs shall be properly maintained in conformance Planning
with A.M.C. Section 18.44.160 pertaining to sign maintenance
such that any burnt bulbs or damaged sign copy shall be
replaced or repaired within a period of 48 hours.
COA2 That the subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner which have been reviewed by
staff to allow for one additional wall sign on east elevation
facing the I- 5 Freeway. Subject location of said sign shall be
approved by Planning Staff.
COA3 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 No. 2, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Code Section
No. 18.03.090 of the Anaheim Municipal Code.
COA4 That approval of this application constitutes approval of the Planning
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 applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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CHA AN, ANAHEIM MANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 January 23, 2008 by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHl
February, 2008.
AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NONE
NONE
:REOF, I have hereunto set my hand this 4th day of
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SENI R SECRETARY, ANAHEIM PLANNING COMMISSION
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