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Resolution-ZA 2007-05• • RESOLUTION NO. ZA2007-05 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04725 BE DENIED (1660 WEST KATELLA AVENUE -CVS PHARMACY) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCELS 4 AND 5 AS SHOWN ON A PARCEL MAP RECORDED FEBRUARY 20, 1970 IN BOOK 27, PAGE 41 OF PARCEL MAPS, COUNTY OF ORANGE, STATE OF CALIFORNIA. ALSO KNOWN AS PORTIONS OF LOTS 3 AND 4 OF TOWNSENDS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 5, PAGE 40, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on July 5, 2007 at 9:30 a.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 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and said item was continued from the June 7, 2007 meeting; WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself 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 requests waiver of the following to construct a new wall sign for an existing CVS Pharmacy retai! store: (a) SECTION NO. 18.44.110.010 Maximum aggregate area of wall signs. (Withdrawn) (b) SECTION NO. 18.44.110.010.0103 Maximum letter height. 24 inches permitted; 40 inches proposed) 2. That the existing signage for subject retail store, including a pole sign and 24 inch high wall sign letters, are clearly visible from Katella Avenue; therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 3. That strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity. 4. That nobody indicated their presence at said public hearing in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as defined in the State CEOA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby deny subject Petition for Variance on the basis of the aforementioned findings. VAR2007-04725. doc -1- ZA2007-05 ~J THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be r laced by a City Council Resolution in the event of an appeal. ~ _ t t - 07 G~.~.~ DATE ANAHEIM ZONING ADMINISTRATOR ATTES ti~L~ SENIOR E RETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this _~day of ~ , 2007. S . SECR ,ANAHEIM ZONING ADMINISTRATOR -2- ZA2007-05 City of Ana~m PLANNING DEPARTMENT www.anahe im. net July 11, 2007 Euclid Shopping Center, LLC 8294 Mira Mesa Boulevard San Diego, CA 92126 CASE NO. VARIANCE N0.2007-04725 (READVERTISED) Dear Euclid Shopping Center, LLC: Your application for Variance No. 2007-04725 (Readvertised) has been denied by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the forms and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within two years. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a variance, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Cheryl Flores at (714) 765-5139 or CFlores@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. cerely, Dave See, Senior Planner 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 City of Ana~m PLANNING DEPARTMENT www.anaheim.net July 11, 2007 Robert Gonzalez 2820 East Gretta Lane Anaheim, CA 92806 CASE NO. VARIANCE N0.2007-04725 (READVERTISED) Dear Euclid Shopping Center, LLC: Your application for Variance No. 2007-04725 (Readvertised) has been denied by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the forms and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within two years. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a variance, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Cheryl Flores at (714) 765-5139 or CFlores@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. S' cerely, ave See, Senior Planner 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 • RESOLUTION NO. ZA2007-05 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04725 BE DENIED (1660 WEST KATELLA AVENUE -CVS PHARMACY) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCELS 4 AND 5 AS SHOWN ON A PARCEL MAP RECORDED FEBRUARY 20, 1970 IN BOOK 27, PAGE 41 OF PARCEL MAPS, COUNTY OF ORANGE, STATE OF CALIFORNIA. ALSO KNOWN AS PORTIONS OF LOTS 3 AND 4 OF TOWNSENDS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 5, PAGE 40, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on July 5, 2007 at 9:30 a.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 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and said item was continued from the June 7, 2007 meeting; WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself 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 requests waiver of the following to construct a new wall sign for an existing CVS Pharmacy retail store: (a) SECTION NO. 18.44.110.010 Maximum acore4ate area of wall signs. (Withdrawn) (b) SECTION NO. 18.44.110.010.0103 Maximum letter height. (24 inches permitted; 40 inches proposed) 2. That the existing signage for subject retail store, including a pole sign and 24 inch high wall sign letters, are clearly visible from Katella Avenue; therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 3. That strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity. 4. That nobody indicated their presence at said public hearing in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby deny subject Petition for Variance on the basis of the aforementioned findings. VAR2007-04725.doc -1- ZA2007-05 THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be r laced by a City Council Resolution in the event of an appeal. ~-fit-~ Gv.~ DATE ANAHEIM ZONING ADMINISTRATOR ATTES SENIOR SE RETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this _~day of 2007. S . SECR ,ANAHEIM ZONING ADMINISTRATOR -2- ZA2007-05