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Resolution-ZA 2007-12• • RESOLUTION NO. ZA2007-12 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04737 BE GRANTED (2300 EAST KATELLA AVENUE -STADIUM TOWER) 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 1, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 139" RECORDED NOVEMBER 1, 1985 AS INSTRUMENT NO. 85-423458, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on November 8, 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: 1. That the petitioner proposes waivers of the following to construct a wall sign for an existing office building: (a) SECTION NO. 18.44.110.010.0103 Maximum letter height. (36 inches maximum; 45.5 inches proposed) (b) SECTION NO. 18.44.110.010.0102 Maximum number of wall signs. (Withdrawn) 2. That given the oblique orientation of the building in relation to the street and because there is limited visibility of the building across a large parking area and from the 57 freeway and Anaheim Stadium property, there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity to justify the requested waiver of maximum letter height for wall signage. VAR2007-04737 -1- ZA2007-12 s • 3. That the proposed 36 to 45 inch letters would be consistent with other wall signs in the Stadium area and would also be proportional with the size and scale of the 4-story office building. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her 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 grant subject Petition for Variance, upon the following 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 property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 3 That 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 through 5, and as conditioned herein. 4 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. 3, 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. 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. -2- ZA2007-12 • 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. 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 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 approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of November 8, 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. ANAHEIM ZONING ADMINISTRATOR ATTEST: SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, 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 November 8, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this 9 T~ da of Y /I/~v[ m 6 er , 2007. SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2007-12