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Resolution-ZA 2007-08• • RESOLUTION NO. ZA2007-08 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04732 BE GRANTED (1477 SOUTH MANCHESTER AVENUE -WEST COAST UNIVERSITY) 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: PARCEL A: THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 73, OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT, WITH A LINE PARALLEL WITH AND SOUTHWESTERLY 45.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY PER BOOK 847 PAGE 478, OFFICIAL RECORDS, SAID INTERSECTION BEING THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 2, 1950 IN BOOK 2081 PAGE 301, OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED DEED, NORTH 40°52'20" WEST 344.67 FEET; THENCE SOUTH 68°07'51" WEST 467.60 FEET TO THE WEST LINE OF SAID LOT 7; THENCE ALONG SAID WEST LINE. SOUTH 0°13'07" EAST 87.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE SOUTH LINE OF SAID LOT, NORTH 89°57'10" EAST 654.16 FEET TO THE POINT OF BEGINNING. EXCEPTION THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DOCUMENT AS PARCEL 200428-1 RECORDED SEPTEMBER 16, 1999 AS INSTRUMENT NO. 99-667699 OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 73, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 91, PAGE 5, IF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DOCUMENT AS PARCEL 200428-1 RECORDED SEPTEMBER 16, 1999 AS INSTRUMENT NO. 99-667699 OFFICIAL RECORDS. PARCEL C: PARCEL 1 AND 2, AS SHOWN ON PAGE 3 OF LOT LINE ADJUSTMENT NO. LLA- 0000510 RECORDED MAY 10, 2004 AS INSTRUMENT NO. 2004000408844 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. VAR2007-04732. doc -1- ZA2007-08 • ! WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on August 16, 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 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: college: That the petitioner requests waiver of the following to construct a two wall signs for a nursing (a) SECTION NO. 18.116.160.050 (b) SECTION NO. 18.116.160.050 Maximum number of wall signs. (one sign permitted; two signs proposed) Maximum looo hei_pht. (Withdrawn) 2. That given the minimal distance of the existing building to the public right-of-way, resulting from expansion to the adjacent freeway, the height of the building and the projecting roofline, there would be minimal visibility of a wall sign placed on the front building elevation. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity since most properties have larger setbacks in which wall signs would be typically be visible from the street level and in which a monument sign could be located to ensure visibility from the adjacent street. 4. That no one 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 15301, Class 1 (Existing Facilities), 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 grant subject Petition for Variance, upon the fallowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That all signs shall be properly maintained in conformance with A.M.C. Section 18.44.160 pertaining to sign maintenance such that any burnt bulbs or damaged sign copy shall be replaced or repaired within a period of 48 hours. 2. That 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 and 2, as conditioned herein. 3. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 2, above-mentioned, shall be comp{ied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. 4. That approva{ 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 -2- ZA2007-08 • • 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. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator 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. 8E 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approva{ of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of August 16, 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 replaced by a City Council Resolution in the event of an appeal. ~ DATE ANAHEIM ZONING ADMINISTRATOR ATT , -~ S NIO SE TARY, 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 August 16, 2007. N WITNESS WHEREOF, I have hereunto set my hand this ~ ~ay of " , 2007. v SR. S CR NAHEIM ZONING ADMINISTRATOR -3- ZA2007-08 City of Ana~im PLANNING DEPARTMENT www.anaheim.net August 30, 2007 Phillip Schwartze 31872 San Juan Creek San Juan Capistrano, CA 92675 CASE NO. Variance No. 2007-04732 Dear Mr. Schwartze: Congratulations! Your application for Variance No. 2007-04732 has been approved 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 September 7, 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 form(s) 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 one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. if your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Elaine Thienprasiddhi at (714) 765-5139 or ethien@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. Sincerely, ~~ ~v'C-~~ Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714)765-5139 City of Ana~m PLANNING DEPARTMENT www.anaheim.net August 30, 2007 Bill McFarland 18800 Von Karman Avenue Irvine, CA 92612 CASE NO. Variance No. 2007-04732 Dear Mr. McFarland: Congratulations! Yaur application for Variance No. 2007-04732 has been approved 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 September 7, 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 form(s) 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 one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Elaine Thienprasiddhi at (714) 765-5139 or ethien@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. Sincerely, -~"~1~ Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139