Resolution-PC 98-149.R~,S~OLUTION NO. PCqB-149
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4346 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of Califomia
described as:
THE SOUTHEAST QUARTEF2 OF THE SOUTHEr~S7 QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22, TOWNSHIF 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE GF
CA;•.IFORNIA, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP
RECORDED IN BOOK 51 PAGE(S) 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID CQUNTY.
EXCEPTiNG THEREFROM THE NORTH 200 FEET.
ALSO EXCEPTING THEREFROIvi THE SOUTH 250 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 17, 1998, at 1:30 p.m., notice of said public hearing having been duiy 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 against said proposed variance and to investigate and make
findings and recommendations in connaction therewith; and that the hearing was continued ta the
meetings of August 31, September 14 and September 28, 1998; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its be'rialf, 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 waivers of the following to reconstruct the main entry
driveway and insfail new landscaping and landscape treatments in khe front setback area adjacent to
Harbor Boulevard, including construction of a fence and a new monument sign, in conJunction with an
existing hutei:
(A) Sections 18.78.050.100 1011(a) -
18.78.060.050.0502(a)
18.78.100.090
and 18.78.100.080
Maximum wall/fence heiaht reauirements and
mmimum setback reauirements.
(Perm3tted: 36-inch hiah wall permitted in the requ(red
street landscaped setback area, excluding the first 10
feet where none is permitted, and none is permitted
within 10 feet of interior oropertv lines•
44-inch hiah wrouaht iron fence with 48-inch hiah
ilasters proposed along Harbor Boulevard, set back 6
feet. 6 inches fram the north ~raperty lin~ between
Harbor Boulevard and the building, and set back 1 foot. 3
inches from the south orooe line between Harbar
Boulevard and ihe building)
(B) Sect!on 18.78.130.060 0601(al(3~ Permitted freestandina monument siqns.
(Required: monument signs shall be oriented
peroendicular to the street;
Proposed: monument sign oriented a~,ra11e1 to Harbor
Boulevard)
CR3437PK.DOC -1- PC98-149
z. That the above-mentioned waiver (A), maximum wali/fence height requirements and
minimum set':, '< area requirements, is hereby granted on basis that there are special circumstances
applicabie to ;, property such ~s size, shape, topoyraphy, IoG3tion and surroundinc~s which do not appty
to other identically zoned property in the same vicinity because the previous Iegai nonconforming fencing
was removed in connection with Harbor Boulevard street improvements (and would otherwise have been
permitted to remain pursuant to the nonconforming Coce provisions set forth in the C-R Overlay Area of
The Disneyland Resort Specific Plan), that this is the only properiy in the C-R Overlay Area which had
Iegai nonconforming wrought iron fencing in the front setback area, and that strict application of the
Zoning Code deprives the property of privileges enjoyed by other proper;ies in the identical zone and
classification in the vicinity because the proposed fencing is a"like for like" replacement of the previous
wrought iron fencing; and that the proposed fencing, which is decorative an~~i complements the setback
area landscaping, will allow views into the prcperty from the public right-of-way and is consistent with the
intent of the Code to maintain a visually-open and pedestrian-friendly environment.
3. That the above-mentioned waiver (B), permitted freestanding monument signs, is hereby
approved on the 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 because the view to a perpendicuiarly-oriented monument sign would be obstructed by the
on-site buiiding configuration and that a parallel orientation is needed in order for the sign to be visible.
4. That there are exceptional or extraordinary circumstances or corditions applicable to the
property involved or to the intended use of the property that do not appiy generally to the property or class
of use in the same vicinity and zone.
5. That the requested variance is necessary for the preservatian and enjoyment of a
substantial property right possessed by other property in tlie 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 said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINCz; That the Anaheim City
Planning Commission has reviewed the proposal and does hereby determine that the previously-certified
Environmental Impact Report No. 311 is adequate to serve as the required environmental documentation
in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Maheim City 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 cf the sub;ect property in order to preserve the safety
and generai welfare of the Citizens of the City of Anaheim:
1. That subject property shall be developed substantially in accordance with plans and specifications
submitted by the petitioner and on file with the Planning Department marked Exhibit No. 1 and
Revision No. 9 of Exhibit Nos. 2, 3 and 4.
2. That prior to the issuance of the building permit for the fence, irrigation plans shall be submit!ed to
the Planning Department for review and approvai.
3. That prior to the issuance of a sign permit for the Anaheim Resort monument sign, detailed sign
plans and specifications (showing all sign components including dimensions) shall be ~ubmitted to
the Planning Department for review and approval.
4. That prior to final building and zoning inspections, a licensed landscape architect shall provide a
CR3437PK.DOC -2- 9&-149
letter to the Planniny Departm~nt certifying that ail landscaping and irrigation systems have been
installed ln accordancs with approved landscapinfl and irrigation plans. ~
~. That on-site landscaping and irrigation systems shall be maintained by the property
owner/developer in compliance with City standards.
6. That landscaping shall be replaced in a timeiy manner in the event that it is damaged, diseased
and/or dead.
7. That approval of this application constitutes approval of the Fropused request only to the extent that
it complies with the Aneheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval'uoes not include any acti~n or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
commenced wBhin one (1) year f~rom the data of this esolulionafn accord ncehwith Secti ns18!03.090.020
of the Anaheim Alunicipai Code.
BE IT FURTHER RESOWEO that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resoiution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Shouid any such condition, or any part thereof,
be declared invalid or unenfarceable by the fina! judgment any cou~t of competent jurisdiction, tfien this
Resolution, and any approvals herein contained, shall b deerred I void.
THE FOREGOING RESOLUTION vl+a adop d at Janniny Commissfon meeting of
September 28, 1998.
/ ,~
~ 1.
CHAIR RS~ON, ANA Efld CITY PLANNING COMMISSION
ATTEST:
~ •
~ ~ l.oK-c.~-~
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, hAargarita Solorio, Secretay of tfie Anaheim City Planning Commission, do hereby cPrtify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 28, 1998, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, N,"•.POLES
NOES: COMWIISSIONERS: NONE
ABSENT: CuMMISSIONEf~S: ESPING, WILLIAMS
~_,,,,, IN WITNESS WHEREOF, i have hereunto set my hand this O~~ day of
K1l'/(v , 1998.
SE ETARY, E NAHEIM CITY PLANtVI~ OMMISSION
CR3437PK.DOC -3- 98-1~8