Resolution-PC 97-40~ ~
RESOLUTION N0. PC97-40
A FiESQLUTiON OF THE ANAHEIM CITY PL,ANNING COMMESSION
THAT PEfITiON FOR VARIANCE NO. 4302 BE GRANTED, IN PART
WH~RE,1S, the f-naheim Cfty Planning Comm(sslon did receNe a veriflect Peiition for
Variance for certafn real prcperty sRuated in the City of Anaheim, County of Orange, Sta4e of Califomla
describeci as:
AARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6 OF
PARCEI. MAP;;, IN THE OFFiCE OF THE COUNTY RECORDER OF ORANG~
GOUNTY~ CAUFARNIA
WH~REAS, the City Planning +Ccammissfon did hold a public hearino at the Civic Center in
the City of Ariahelm An Apn1 14, t997, at 1:30 p.m., notlce of said publfc hearing having been duly given as
required ~y law and in accordance wfth the provisfons of the Anahefm Municipaf Code, Chapter 18.03, Ro
hear and consider ev}der+ce for and against satd proposed variance and to investigate and make ifindfngs
and recomm~~ndlat(ons (n connection therewith; and
WHERFI~S, said Commission, after d~~e insp~ction, irnestigation and study made by ftseif
and in fts behaif, and after due consideration oF all evidence ar~J reparts offered at said hearing, does flnd
and determine the fuilowing facts:
1. T~at the petftfoner proposes waivers of ihe fd9ovoing to construct a 50-'foot high, rlouble-
faced, 299 sq.ft. freestanding pole sign, fnctuding a 70 sq.ft. ~lectronic reader board:
(a) Sectio~s 18.05.098 - Permitted of sian.
and t8.si.o67 m r uee fchan9eabla c~ovl sigr~s proh(bited;
electronic reader board advertisina sign proposed)
(b) Sections 18.05.098.011 - Permftted size of freestandin~g sinns.
and 18.61.067 (100 sap.ft• permitted in front setback;
G~J JQ.II. proposed)
2. That the above-mentioned waivers are hereby granted, in pa~t, for one freestanding siyn
having a 215 sq.ft. electronic reader board (instead of 299 sq.ft.) on basis 4hat there a~e special
circumstances applicable to the property consistlng of Its location and surcoundings which do not apply to
other identically zoned property in the same vfcinity; and that strfct application of the Zon(ng Cnde deprtve~s
the property of prNfieges enjoyed by other properties fn the identical zone and classfficatfon In tf~e vtcintry;
3. That there are exceptlonal or extraordinary circumstances or corxiitions appiicable to the
property fnvolved or to the intended use of the property that do not appiy generally to tha property or class
of use in the same vicinity and zone;
4. That the requested variance, as granied, is necessary For the preservation and enjoyrnent
of a substantial property right passessed by other propeny in the same viclnfty and zone, and denied to the
property in question;
5. That the requr3sted varfance, as granted, w(II not be materially detrimentzl to the publfc
welfarR or inju~lous to thg prnperty or improvements (n such vicinity and zone in which the property is
located; and
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6. 7hat one person indicatez4 thelr ~rres~nce at sakf ~~ablic hearing in opposftion; a~ that na
carrespondence was receivad In o~pposftian hd s~bject petttion.
~p'LlF,y'~RNIA E1+1VlFIONM~1dTAL QUALIT`!' ~ACT ~INt3lN~: The Planning 17irector ar his
autharizec! repros+entaYive ira~s tl~ternain~ed ~ksai'khe propased panJ~ct #a~ls uithin the de~flnftion oF Categorical
Exemptions, Class 1 h, as d~fis~ed in th~e 5tate E1R GukJelines and 1s, therefore, categorically exempt f;am
the requirement 2a prepar~ an ElR.
NOV~l,'fHER~EFORE, BE 4T flESOL'VEO that tha An~aheim City Plan:~tr~g Commisston does
hereby grent subject 'Peittion tor Variance, upon the idlo+aling condittans wh(ch are hereby found to be a
necessary pr+ereciufs1te to xhe proposed use af the subj~ct properry in order to preserv+e the sa;ety and
general welfare ~ot th~, Citizens of 4he ~Ciry Qf Ar+aheim:
i. That vnly one ~1) ~r4~es:arxling sign sh~11 be perrr~ftted ori thls property.
2. fihatlhe apptlcant aMalt subm4t flnal plans for ttre ~loubie-faced freestand(ng sign to the Zoning l7~risfon
(fpr review and a,nproval by staf~, specHying 4he fnllowing:
Maufmum holght: F'dty (50) feet
hAax(mum ~mrea: Two hurxirec9 flfteon (215) square feet, lr~clu~l~g a maxim~am seven.ry (76) square
tooe electronic rsader board
Lc7ra.tlart~ North parking lot
Mir~imuin setback: Thlrty (30) feet from fhe future freeway frontage ~oad (An2heim Way)
Said slfln ~lans str3lf be the s,ame as the sign ptans pabeled Exhibit No. 2) conskfered at the f~prii 14,
1997 Planning Commission public hearing; provfded, however that tfle Iighted sixty six (66) square foot
~tenant s(gn panel shaN be eiiminated and the metal top cap shall be reduced to approximately nine (9)
i~~ches.
3. That the proposed reade~ board sign (changeable copy marquoe sign) is app~aved for as long as the
cellular phone business {Global Celiular) occupies this sRe. The sign shall be removed ~t such time
as sald business ceases to operate at this location.
d. That the reader board sign copy shali be timfted to the time, temperaturE, date and on-sfte business
serv(ces (Global Cellular).
5. That the sfgns for subject business shall be Iimited to what is shown on the exhibits ~ubmhted by the
petitioner. Any additlonal signs shall be subject to review and approval by t{ie Planning C~mmissi~+n
as a'Reports and Recommendations' item.
6. That subJect prcperty shall be developed substantially in accordance with plana and s~^cificat(~ns
submitted to the City of Anaheirri by the petftioner arxi which plans are an flle wlth the E'lanning
Department marked Exhibft Nos.1 through 3; except as otherwise required by Gondliion Nu. 2, herein.
7. 7hat prlor to issuance of a peRnit for the approved do~ble-taced freestand~ng si~n flr wfthin a pe~iod
nf one (1) year from the date of this resolution, wh(chever oc:curs first, ~onditfon No. 2,
above-mentione~, shall be camplied wfth. Extensions for further tlme to compieCe s~id concitions may
be granted in accordance wfth Section 18.03.090 of the Anahefm M~~nicfp2! C~e.
8. Th~t prior to Mal buiiding and zoning inspections, Condftion Mos. 1, 4, 5 and G, abqva-rnen?lon~d, ~ haH
be com;~led wfth.
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ry. That approval of this applicatlan constftutes approval of the proposed request onty to the extent that
ft complies wafth €he Anaheim Muntcipal Zoning Code and any other apE~licable City, State xind Federal
ragulations. Approval does not include any action or Hrxiings as to compliance or ap~r~rova~ of the
reqoest regarding any other applicable orciinance, regulation or requirement.
E3E IT FURTHER RESOLVED that ihe Anaheim City Planning Commission does hereby Bnd
and determine that edoption of thls Resdution is expressly predicated upon appllcant's compliance with
each and ap af the conditior~s herelnabove set forth. Should any such condltion, or any part thereof, be
declared invaiJd or unenforceable by the flnal judgment of any court af com~~etent ~uds~liction, then this
Resoiution, and any approvais herein contalned, shall be deemed null and void.
THE FOREGOING RESQLi1TI0N was adopted at the Planning~ Commission meet(ng of
Apri) 14, 1997.
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CHAIRPERSON, AI~AHEIM I'N PLANNING C MMI~SION
ATTEST:
~ 'J\..dOWiu^'
SECRETARY, NAHEIM ClTY PLANNIt~G COMMISSIC~N
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STATE OF, CAUFQRNIA )
rc~UNTY OF CRANGE ) ss.
CITY OF ANAHEIM )
I, AAargarita Saiorio, Secrutary of the Anaheim Ciry Planning Commtssion, do hereby certify
that the t~regoing resolution was passed and adopted at a meeting of the Anaheim Ciry Plann(ng
Commfsslon held on April 14, 1997, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOSIWI~K BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, P~RAZA
NOE~: COMMISSIONERS: l~Ot~F
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREO~, I have hereunto set my hand this ~_ day of ~,
1997.
l~.l~ ~.~`'~~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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