Resolution-PC 98-110gESOLUT(ON Nq FC98 110
A RESOLUTION OF THE At~AHEI-vl CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4340 BE GRqNTED, IN PART
WHEREAS, the Hnahe(m City Planning Commission did receive a verffled petition for
Variance for certain real property situated (n the City of Anaheim, County of Orange, State of Califomia
described as:
PARCEL A: FARCEL 4, AS SHOWN ON A MAP FILED IN BOOK 63,
PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORAFlGE COUNTY, CALIFORNIA.
WHEREAS, the City Plannfng Commission did hold a public hearing at the C(vic Center
in the City of Anaheim on July 20, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by Iaw and in accorcfance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed variance and to investigate and
make findings anc! ~ecomma~dations in connection therewith; and that said public hearing was continued
from the June. ~2 and July 8, 1998, Planning Commission meetings; and
WHEREAg, ~jd Commission, after due inspection, Investigation and study made by
itself and in its behalf, and after duo consideraiion of all evidence and reports offered at said hear~ng,
does ftnd and determine the following facts:
1. That the petitioner requests waivers of the foilowing to permit three monument signs for
the existing retaif center and Tive wall signs for one proposed retail store (Sav-on):
(a) S'ections 18.05.091.010
o~ 14 - Perrnitted commerciai center identification
18.44.067 .
(one sinQle-faced sign permitted on Canyon Rim Road;
one double-facPd sign proposed)
and 18.84,062.040
(b) Sections 18.05.091.02p
18.44
067 - Maxfmum number of ~ermitt2d wall siqns
.
and 18.84.062.040 .
one wail si n
~------~-9- P~~~ed per tenant;
flve w` ~S proposed for one tenant)
• 2. That waiver (a), permitted shopping center fdentification, is hereby approved on the
basis that there are special circumstances applicable to the properly consisting of its irregular shape and
unique topography which affect visibility to this commerclal center, and which do not apply to othQr
identicatly zoned property in the same vicinfty; and lhat although the properiy has three frontages,
access into tfie center is provtded at only two d~iveways (one on Anaheim Hills Road and one on Canyon
Rim Roac~ and the double-faced sign wili better direct customers traveling both directions on Canyon
Rim Road into this commercial center, and that strict appiication of the Zoning Code deprives the
property of privileges enjoyed by other properties in the identfcal zone and ciassification in the victnity.
3. That waiver (b), maximum number ~f wall sl~ns, is hereby granted, in part, to allow four
instead of five wall signs on basis that the proposed retail store (Save-On), far which the signs are
proposed, will became the anchor tenant and will draw more c~stomers into the shopping center, that any
Nindow signage would be blocked by the canopy, that the unique topography affects visibi!ity to this
commercial center, and that the submitted sign pian is tastefully done; and that strict appiication of the
Zoning Code deprives the property ot privileges enjoyed by other properties in the identical zone and
Gassification in the vicinity.
Cr'i3365PL.DOC _~_
PC98-110
4. That t~ere are exceptional or extraordinary circumstances or conditions appiicable to the
properiy inv~iveci or to tho intended use of the property that do not apply generally to the property or
class of use in the same vicinity and zone.
5. That ihe requested variance is necessary for the preservation and enjoyment of a
substantiai property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
6. 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.
7. That no one indicated their presence at the pubiic hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALiTY ACT FINDING: The Plann~ng Director or
his authorized representative has determined that the proposed project falls within the definifion of
Categorical Ea:emptions, Ciass 91, as defined in the State Environmental Impact Report (EIR) Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFCRE, BE IT RESdLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, 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 generai welfare of the Citizens of the City of Anaheim:
That lighting of si~nage for subject property shail be prohibited between the hours of midnight and
6:30 a.m., as specified by Zoninp Code Section 18.Q5.091.052, unless a variance is applied for
and grantFo'.
2. That illuminated "can" signs shall be constructed with an opaque background with only the won~ing
and/or logos being iiluminated.
3. That subject property shall be developed substantially in accordance with pians and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the PlanninQ
Department marked Exhibit Nos. 1 and 1.a, as conditioned herein; provided, howev~~r, thai the
maximum number of wall signs for the retail st~re (Sav-on) shall be limited to ihe following four (4)
signs:
;,:,
- ; i
. .::.. .. ... . . ... 'SIGN PC~1N C.. : ' :
Si n Size .ft. Text
~-~ 133.0 'Sav-on dru s"
C-2 15.9 'Pharmac •
C-3 18.0 "Food Mart"
C-4 21.1 "1 Hour Photo"
That the owner of subject propehy shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3108 (permitting sales of beer and wine for on~•premises
consumption in an existing restaurant).
That any window signs shall be lirnited to professionally-applied signs advertising secondary
services, but excluding wsekly special price. signs.
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. 4, above-mentioned, shall be complied with.
F~ctensions for further time to complete said condilions may be ~ranted in accordance with Section
-2- PC98-110
18.03.090 of the Anaheim Municipal Code. Further, if an extension of time is requested for the
alcahol sales portion of this request, it shall be considered at a noticed public hearing.
That prior to finai building and zoning inspections, Condition No. 3, above-mentioned, shall be
compliecl with.
8. That approval of ihis application constitutes approval of the prop~sad request only to the extent
that it compiies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any acKion or findings as to compliance or approvai
of the request regarding any other applicahle orciinance, regulation or rer~~irement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution (s expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any uch candition, or any part thereof,
be declared Invalid or unenforceable by the final judgment o a y cou o mpetent jurisdfction, then
this Resolution, and any approvals herein contained, sh II e deem II and void.
~
7HE FOREGOING RESOLUTION v~a op at~ . la ning Commission meeting of
July 20, 1998. \
c:tlAlliMA'tV~ ANAFfEIM CIIY
ATfEST: -
/ h il .~_J U';i~lht~~
SECRETARY/ NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheirn City Planning Commission, do hereby
cerlify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission tield on July 20, 1998, by the fo:lowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, 80YDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COM1AlSSIONERS: NONE
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
' {~~~ , 1998.
~ (Uw-ltL.,l t~~Q/u¢i
SECRETARY„ AHEIM CITY PLANNING COAAPdISSION
-3- PC98-110