Resolution-PC 99-117RESOLUTION NO. PC99-117
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISStON
THAT PETITION FOR VARIANCE NO. 4361 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 Californfa
described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF FRACTIONAL SECTION
26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO Sr%N JUAN
CAJON DE SANTA ANA, IN THE CfTY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK 163, PAGES 17
AND 18 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 21, 1999, at 1:30 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 18.03,
tu 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
it.self 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 proposes waivers of the following to constn~ct a 45-foot high
freestanding freeway-oriented double-sided pole sign within the RS-A-43,OOU (Residential/Agricultural)
Zane with waiver of the foilowing:
Sections 18.05.080.030 - Sipns oermitted in residential zones.
18.05.095 (Maximum 4-foot hiah. 20 sq ft freestandina sian permitted;
18.05.095.020 45-foot hiah. 275 sa.ft, freestandina freeway-oriented
and 18.21.067.030 ole si n proposed for an existing mortuary)
2. That the above-mentioned waiver is hereby granted on basis that there are special
circumstances applicable to the property consisting of its 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 properties in the identical zone and classification in
the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to the property or ciass of use in the same vicinity and zone
because this site is adjacent to the I-5 Freeway which is being improved in a manner which will Umit
visibility to this site (developed with a mortuary).
4. That the requested variance is necessary for the preservation and enjoyment of a
substantial pn;~,;erty right possessed by other property in the same vicinity and zone, and denied to the
property in question.
CR3673PK.DOC -1- PC99-117
5. That the requested var(ance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vlcinity and zone in which the property is located.
6. That the existing use, •~ mortuary, is a destination oriented estabiishment which needs
identification for people who are traveling to th(s location and are not familiar with the area.
7. That no one indicated the(r presence at the public hearing in opposition to the proposal;
aiid that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed proJect falls within the definition ~f
Categoricai Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically
exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 of the subject property in or~er to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the legal property owner shall dedicate to the City of Anaheim an easement for public utility
purposes that varies in width anci 2t a,. lacation to be determined as electrical design is completed.
2. That any required relocating of city electrical facilities shall be at the developer's expense. All
required cle2rances from e;fi~r head utility lines shail be maintained..
3. That the existing thirty (30) foot high pole sign shall be removed.
4. Th~: ;;:s support posts for the proposed sign shall be textured to match the existing bu(Iding.
5. That the colors and materials of the proposed sign shall match the existing main chapel. Said
information shail be specifically shown on plans submilted to the city for permits.
6. That the proposed sign shall not exceed an overall height of forty five (45) feet and the sign cabinet
shall be limited to twenty (20) feet wide and hvelve (12) feet high, including the rounded top for the
logo. Said information shall be specificaliy shown on plans submitted for permits.
7. The proposed Condition No. 7 was deleted at the P/anning Commission public hearing.
8. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning
Department marked Exhibit Nos. 1 a and 1 b through 4; and as conditioned herein.
9. That prior to (ssuance of a permit or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 5 and 6, above-mentioned, shall be complied with.
Extensions for further time to compieYe said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
10. That prior to final building and zoning inspections, Condition Nos. 3, 4 and 8, above-mentioned,
shall be complied with.
11. That approval ef this application constitutes approval of the proposed request only to the extent that
it complies with tne Anaheim Municipal Zoning Code and any other applicable Ciry, State and
Federal reguiations. Approval does not fnclude 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 Anahefm City Planning Commission does hereby
find and determine that adoption of this R~soiution is expressly predicated upon applicanPs compliance
CR3673PK.DOC -2- PC99-117
with each and all of the conditlons hereinabove set forth. Should any suc condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any coiirt o competent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be de ed nu' void.
THE FOREGOING RESOLUTIO~ opE a~iPl 'rtg Commission m6eting of
June 21, 1999. ~
A'TTEST:
~(~R~+2~~c.~ZU ~'r~o,2c~
SECRETARY, ANAHEII~ CITY PLANNING COMMISSION
STATE OF CALIFORNiA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Soiorio, Secretary of the Anaheim City Plannfng Commission, do hereby certify
that the foregoing resolution was passdd and adopted as a meeting of the Anaheim City Planning
Commission held on June 21, 1999, by the follo~ving vote af the members thereof:
AYES: COMiVIISSIONERS: BOYDSTUN, SRI~Tv~, ES?ING, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have herAunto set my hand thfs ~ day of
__ I~~, 1999.
~~~2~.tl~-~ e~d~e'
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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