Resolution-PC 2010-054RESOLUTION NO. PC2010 -054
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 11 CATEGORICAL EXEMPTION AND
APPROVING VARIANCE NO. 2005- 04675A
(DEV2009- 00020)
(2406 -2438 EAST KAIELLA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petitions for a Variance to amend a previously- approved sign program for an existing retail
center by constructing a freestanding shopping center identification sign larger than permitted by
Code and within 300 feet of another freestanding sign on certain real property situated in the City
of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and
incorporated herein by this reference; and
WHEREAS, the property is located in the General Commercial Platinum
Triangle Mixed Use Overlay (C -G) (PTMU) zone and is designated for Mixed -Use land uses in
the City of Anaheim General Plan; and
WHEREAS, the Planning Commission, on March 26, 2006, did approve Variance
No. 2005 -04675 (Resolution No. PC2006 -27) pertaining to the permitted location of wall signs
and the maximum height of letters /logos for this property; and
WHEREAS, the property owner has submitted plans to further modify the sign
program previously approved by the Planning Commission by constructing a 20 -foot high, 120
square foot shopping center identification sign that is larger than permitted by code and located
approximately 175 feet east of another freestanding sign on the property; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 7, 2010, at 3 :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, 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 does find and determine that the request for a
variance of the following Code Sections should be approved for the following reasons:
(a) SECTION NO. 18.44.090.020
(b) SECTION NO. 18.44.090.010.0102
Maximum size of monument and
freestandine sins.
(8 foot high, 60 square foot sign
permitted; 20 foot high, 120 square
foot sign proposed).
Minimum distance between
freestanding sins. (300 feet
required; 175 feet proposed)
1 PC2010 -054
1. The variance pertaining to the maximum size of monument and freestanding signs
is hereby approved because the property is unique in that it is crescent shaped and located along
a curved segment of Katella Avenue which significantly reduces visibility to the site. In
addition, the proposed shopping center identification sign is consistent with both the scale of the
adjacent commercial building and the property itself, based on amount of street frontage that the
site maintains.
2. The variance pertaining to the minimum distance between freestanding signs is
hereby approved because of the site's location adjacent to a freeway interchange which limits
property access to one driveway located on the west end of the property. If the proposed
freestanding sign was located 125 feet further east as required by Code, eastbound traffic on
Katelia Avenue would not be able to see the sign until well past the property's access drive.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 11(Accessory Structures) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Variance No. 2005- 04675A, subject to the
conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
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. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
2 PC20 0 -054
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 7, 2010. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions General" of the Anahei .1 Code pertaining to appeal
procedures and may be replaced by a City Coun .r esR1� o o in the event of an appeal.
AI LEST:
CHAIRMAN, A 111 1 11 t1M CITY PLANNING COMMISSION
SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on July 7, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 7` day of July, 2010.
R ETARY ANAHEIM CITY
PLANNING SE LANNING COMMISSION
3 PC2010 -054
EXHIBIT "A"
DEV2009 -00020
APN:
253 532 -09 ;INCLAIR ST rr
253-532-13
4
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
PC2010 -054
EXHIBIT "B"
VARIANCE NO. 2005-04675A
(DEV2009- 00020)
NO. CONDITIONS OF APPROVAL
PRIOR TO FINAL ZONING INSPECTION
1 The subject property shall be developed
substantially in accordance with plans and
specifications submitted to the City of Anaheim by
the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1
though 7 and as conditioned herein.
2 Extensions for further time to complete conditions
of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal
Code.
3 Approval of this application constitutes approval of
the proposed request only to the extent that
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.
SIGNED
REVIEW BY OFF BY
Planning
Planning
Planning
5 PC2010 -054