Resolution-ZA 1991-30~"
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DECISION OF THE ZONING ADMINISTRATOR NO. ZA 91-30
PETITION: VARIANCE NO. 4235 CEQA STATUS: Categorical Exemption,
Class 11
DATE -0F PUBLIC HEARING: July 25, 1991
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received.
OWNER: HUISH FAMILY FUN CENTERS
1041 North Shepard Street, Anaheim CA 92806
Attention: Shane Huish
LOCATION: 1041 North Shepard Street
REQUEST: Petitioner request waivers of the following under the authority of
Code Section 18.12.060.030 to construct a freestanding entrance sign
with a double sided marquee (changeable copy) section:
{a) Sections 18.05.098 - Permitted signs.
and 18.61.067 {Marquee sians prohibited in ML
zones; 1 marquee Sian proposed)
(b) Sections 18.05.098.011 - .Maximum sign area.
and 18.61.067 (100 sg.ft. permitted in the front
" setback; 362 sq.ft. proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced
petition and a public hearing having been duly noticed for and held on the date
set forth above, I do hereby find:
1. That waiver (a) is granted on the basis that the use which will be
advertised is an outdoor recreation center located in the ML "Industrial,
Limited" Zone and the marquee sign, as proposed, is appropriate for that
use and at the proposed location at the southerly terminus of Shephard
Street;
2. That waiver (b) is denied on the basis that if the sign is relocated
behind the front setback and .the sign display area is slightly reduced,
the size will comply with Code and the waiver will be unnecessary; and
3. That there are special circumstances applicable to the property consisting
of shape, location and surroundings, which do not apply to other
identically zoned properties in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waivers of permitted signs and maximum sign area
to construct a freestanding entrance sign .with a double-sided marquee section
on an irregularly shaped parcel of land consisting of approximately 7.0 acres,
having frontages of approximately 88 feet on the west side of Shepard Street
ZA-4135 ~ -1- ZA 91-30
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Variance No. 4135
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and 115 feet on the south side of Carpenter Avenue, having a maximum depth of
approximately .600 feet, being located approximately 560 feet south of the
centerline of La Palma Avenue and further described as 1041 North Shepard
Street; and that the Planning Director or his authorized representative has
determined-that the proposed project falls within the definition of Categorical
Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
APPROVE Variance No. 4135, IN PART, subject to the following conditions:
1. That the legal owner of subject property shall maintain twelve (12) feet
of separation between any portion of the building and high voltage-power
lines that are adjacent to or across subject property. Any equipment used
in the construction and maintenance of facilities located on the subject
property shall not be operated within ten (10) feet of overhead high
voltage power lines. The City of Anaheim Electrical Engineering Division
shall`be contacted for details and mitigations.
2. That 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.l and 2; provided, however, that:
(a) The proposed sign shall be located a minimum of five (5) feet from
the public street right-of-way along Shepard Street and Carpenter
Avenue, behind the minimum required parking-landscape setback;
(b) The proposed sign shall have a maximum area of two (2) sq.ft. per
lineal foot of street frontage (as measured along Shepard Street and
Carpenter Avenue), as permitted by Sections 18.05.093.022 and
18.05.098 of the Anaheim Municipal Code;
(c) The existing fence (chainlink) between the proposed sign and the east
property line shall be redesigned so that the fence design and
materials are coordinated with the design of the sign; and
(d) Landscaping shall be added to the parking area {between Shephard
Street and the batting cage) to include trees in tree wells in the
parking lot and clinging vines on the east face of the fence facing
Shepard Street. If possible, the square footage of landscape areas
shall minimally equal the area which would be contained in a five
(5) foot wide landscape setback along Shepard Street.
The plan(s) submitted for the sign permit shall include the additional
information required herein, to the satisfaction of Planning Department
staff..-The proposed landscaping (plant species, sizes and location) shall
be reviewed and approved by Planning Department .staff.
ZA-4135 -2- ZA 91-30
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Variance No. 4135
3. That prior to issuance of a building permit or within a period of one {1)
year from the date of this decision, whichever occurs first, Condition
.Nos. 1 and 2 above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
4. That prior to final building and zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
5. That approval of this application constitutes approval of the proposed
request only to the extent that it 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.
This decision is made, signed, and entered into the file this first day of
August, 1991.
Annika M. Santalahti
Zoning Administrator
NOTICEz This decision shall become final unless an appeal to the City Council,
in writing, accompanied by an appeal fee, is filed with the City Clerk within
15 days of the date of the signing of this decision or unless members of the
City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury
that an the date set forth below, I did deposit, in the United States, Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED: August 1, 1991 ~G,G~~ ZW ~ LG~~~~
Pamela H. Starnes
Administrative Assistant
ZA-4135 -3- ZA 91-30