Loading...
Resolution-ZA 2005-31• DECISION NO. ZA 2005-31 • A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2005-04670 OWNER: Canyon Plaza, LLC 503 32"d Street Suite 200 Newport Beach, CA 92663 AGENT: Chandler Signs, LP, LLP 12106 Valliant San Antonio, TX 78216 LOCATION: 5747 East Santa Ana Canyon Road -Property consisting of approximately 15 acres located on the north side of Santa Ana Canyon Road between Imperial Highway and Via Cortez, and having frontages of approximately 570 feet on the east side of Imperial Highway, 1,095 feet on the north side of Santa Ana Canyon Road and 420 feet on the west side of Via Cortez. CEQA STATUS: CEQA Categorical Exemption, Class 11 (Accessory Structures) HEARING DATE: December 8, 2005 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: Waiver of the following to construct three (3) wall signs for a proposed bakery in the C- G(SC) (General Commercial -Scenic Corridor Overlay) Zone. Sections 18.18.090.060.0601.01 - Maximum number and location of wall signs. 18.44.110.010.0102 (2 wall signs permitted for each tenant if located and 18.74.040.020.0214 on opposite walls of the building; 3 wall signs proposed of which 2 signs ("A" and "C") proposed on adioining northeast and southeast building walls) Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced variance and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find, pursuant to Section 18.74.060 (Findings) of the Anaheim Municipal Code: 1. 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, in that it is appropriate that signs identifying a business be located at the main entrance to the business and be oriented to the primary customer parking area and the adjacent public street; and that the shape and alignment of the building relative to Santa Ana Canyon Road to the south, the parking area to the northeast and the placement of the main entrance to the bakery (in the southeast building wall facing a courtyard-type area) make it difficult to comply with the provisions of the Sign Code and, therefore, the 3 proposed signs will provide suitable business identification; and, further, that the 2 signs on the adjoining building walls (Sign "A" and Sign "C") will not be visible to Santa Ana Canyon Road. 2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because other businesses (Baja Fresh Mexican Grill, Downy Savings, Music Makers and Washington Mutual) in the same shopping center have more than 2 wall signs and/or have wall signs for identification purposes on adjoining building walls, as shown on the exhibit submitted by the applicant at the public hearing. ZA2005-31.doc - 1 of 2 - Decision No. ZA2005-31 • • 3. That with the exception of the requested waiver (maximum number of wall signs and permitted wall sign locations); the proposed wall signs comply with the Zoning Code standards for the C-G(SC) zone in that the size of each sign is smaller than the maximum area permitted (10% of the building face where the sign is located); that Sign "A" may be a maximum 92 sq.ft. (50 sq.ft proposed), Sign "B" may be a maximum 62 to 186 sq.ft. depending on the number of signs (50 sq.ft. proposed) and Sign "C" may be a maximum 62 sq.ft. (61 sq.ft. proposed). Based on the evidence and testimony presented to me, including the applicant's justification for the waiver discussed in paragraph (12) of the Staff Report to the Zoning Administrator dated December 8, 2005, Item No. 2, I do hereby determine to approve Variance No. 2005-04670, subject to the following conditions: 1. That all on-site signage shall be maintained in "like-new" condition at all times. 2. That the appropriate building and electrical permits shall be obtained from the City of Anaheim for each proposed wall sign. 3. That all window signage in the underlying C-G(SC) (General Commercial -Scenic Corridor Overlay) Zone is subject to the limitations and standards set forth in subsection 18.44.110.070 (Window Signs) of Chapter 18.44 (Signs) of the Anaheim Municipal Code, unless otherwise specifically prohibited. 4. Proposed Condition No. 4 was intentionally deleted at the December 8, 2005 public hearing. 5. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (site plan), 2 (sign "C" on southeast building face and sign "A" on northeast building face), 3 (sign "B" on south building face) and 4 (details of wall signs "A"/"B" and "C"), and as conditioned herein. 6. That within one (1) year from the date of this decision, the applicant shall obtain the appropriate permit(s) for the proposed wall signs. Extensions for further time to complete this condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code. 7. 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 12th day of December 2005. t~1-1,22r/ ~cs~- ~1- c~l~~~,~t ~. Annika M. Santalahti, Zoning Administrator NOTICE: 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 fifteen (15) davs from the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) days from the date of signing. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on 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. DATE: December 12, 2005 Pat Chan ler, Senior Secretary ZA2005-31.doc - 2 of 2 - Decision No. ZA2005-31 City of An~eim PLANNING DEPARTMENT December 28, 2005 Quintin Sumabat 850 North West Street Anaheim, CA 92801 Tinh Nguyen 838 North West Street Anaheim, CA 92801 1a. CEQA NEGATIVE DECLARATION (previously approved) 1 b. VARIANCE NO. 2003-04578 (Tracking No. VAR2005-04673) 1c. TENTATIVE PARCEL MAP NO. 2003-161 (Tracking No. SU82005-00028) LOCATION: 838-850 North West Street -two parcels totaling approximately 0.97 acre, having a frontage of 144 feet on the east side of West Street and located 210 feet north of the centerline of Karen Place. REQUEST: Retroactive extensions of time to comply with the conditions of approval for Variance No. 2003-04578 and Tentative Parcel Map No. 2003-161 (permitting waiver of required lot frontage on a public or private street and minimum lot width to construct two new detached single-family homes and retain two existing single-family homes, and to establish a 4-lot single family residential subdivision in the RS-1 (Single- Family Residential) Zone). www.anaheim.net At the December 22, 2005 Zoning Administrator meeting, Annika M. Santalahti, Zoning Administrator, considered your request for time extensions for Variance No. 2003-04578 and Tentative Parcel Map No. 2003-161. Ms. Santalahti granted the extensions of time for two (2) years, retroactive from December 18, 2005 and to expire on December 18, 2007, based on the following findings: 1. That the Zoning Administrator approved Variance No. 2003-04578 on December 18, 2003 under Decision No. ZA 2003-49 subject to certain conditions of approval being satisfied within a period of two years from that date unless a time extension is requested and approved by the granting authority 2. That in conjunction with the above-mentioned Variance, the Zoning Administrator approved Tentative Parcel Map No. 2003-161 under Decision No. 2003-50 subject certain conditions being satisfied, including recordation of the final map, within a period of two years from December 18, 2003 unless a time extension is requested and approved by the granting authority. 3. That the Negative Declaration previously-approved in connection with the approval of this Variance and Tentative Parcel Map is the appropriate environmental documentation for the requested time extensions. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714)765-5139 • • 4. That the written request for these extensions of time was filed prior to the expiration date of the conditionally-approved Variance and Tentative Parcel Map. 5. That this is the first request for a time extension; and that the Anaheim Municipal Code permits extensions not to exceed a total of two (2) years in connection with variances and not to exceed a total of three (3) years in connection with tentative maps. 6. That no modifications of the approved development proposal or the Tentative Parcel Map are proposed. Approval of the time extension for the Tentative Parcel Map shall become final unless an appeal to the City Council, in writing, accompanied by the appropriate appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter, or unless members of the City Council request a review of this decision within seven (7) days from the date of this letter. Approval of the time extension for the Variance shall become final unless an appeal to the City Council, in writing, accompanied by the appropriate appeal fee, is filed with the City Clerk within fifteen (15) days from the date of this letter, or unless members of the City Council request a review of this decision within twelve (12) days from the date of this letter. Sincerely, ~~.~~ Pat Chandler, Senior Secretary cc: Duane Stout 1316 Candlewood Street Anaheim, CA 92805 h:\ZADEC2005 folderMime ext letter-TPM 2003-161andV2003-4578.doc 2