Resolution-ZA 2009-8RESOLUTION NO. ZA2009-8
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 11 AND
APPROVING SPECIAL CIRCUMSTANCES WAIVER NO. 2009-00039
(1321 - 1381, 1300 - 1382 Auto Center Drive and 1221 - 1271 South Phoenix Club Drive)
WHEREAS, the Anaheim Zoning Administrator did receive an application for
Special Circumstances Waiver No. 2009-00039 to allow temporary signs and banners, displays
and special events for a period of one yeaz at the Anaheim Auto Center, more specifically
described as certain real property situated in the City of Anaheim, County of Orange, State of
California as shown on Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, the Zoning Administrator did hold a public meeting at the Civic
Center in the City of Anaheim on September 3, 2009, at 9::30 a.m, to consider the request for
special circumstance waiver in accordance with the procedures set forth in Section
18.38.240.090 (Special Events -Special Circumstances Waiver); and
WHEREAS, said Zoning Administrator, after due inspection, investigation and
study made by itself and on its behalf, and after due consideration of all evidence and reports
offered at said meeting, does find and determine the following facts:
1. That the proposed special circumstance waiver which includes promotional
activities, including signs and banners are appropriate to advertise a regional automobile sales
facility.
2. That the term and design of the promotional activities, including signs and banners
aze compatible with the extraordinary circumstances surrounding the unique size, location and
operational characteristics of the Anaheim Auto Center.
3. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
WHEREAS, 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 approve Special Circumstances Waiver No. 2009-00039 subject to
the conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the heath, safety and general welfaze of the Citizens of the
City of Anaheim:
-1- ZA2009-8
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 declazed 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
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
BE IT FURTHER RESOLVED 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 regazding any other
applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of September 3, 2009. 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.
ATTEST:
NAHEIM ZONING ADMINISTRATOR
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 3, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of September,
2009.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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E~IIBTT "A'•
SPECIAL CIRCUMSTANCES WAIVER NO. ?009-00039
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-3- ZA2009-8
EXHIBIT "B"
SPECIAL CIRCUMSTANCES WAIVER 2009-00039
No. Conditions of Approval Responsible for
Monitoring
GENERAL CONDITIONS
1 The applicant shall obtain a Special Event Permit to expire one Planning
(1) year from the date of issuance of the permit to provide for
the following promotional activities for each of the six (6)
automobile sales dealerships:
• One weekend outdoor event each month.
• One canopy/tent to be erected for a period of one
month, four times per year.
• One ground-mounted inflatable to be displayed for a
period of one month, four times per year.
• Non-metallic balloons on displayed on vehicles for
sale.
• "Snow cone" banners with sign copy, or other
merchandising material on light standazds within
vehicle display areas and light standazds along the
perimeter landscaping of each site.
• One banner with a maximum size of 120 square feet on
each building elevation.
Appropriate permits shall be obtained for individual outdoor
activities, including tents, stages, food service, live music, etc.
and shall comply with the Anaheim Municipal Code :and any
other applicable City, County, State and Federal regulations.
That all promotional items including banners, signs and tents Code
shall be kept clean, neatly maintained, with no missing sign Enforcement
2 copy, or dented or faded material. An un-maintained or
damaged portion of these items shall be repaired or replaced
immediately. Noncompliance shall constitute a public
nuisance and shall be subject to termination of this permit.
That promotional activities shall be operated substantially in Planning
accordance with plans and specifications submitted to the City
3 of Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit No. 1 (Site
Plan/Aerial Photograph), and as conditioned herein.
ZA2009-8
City of Anaheim
1~L,AI~INING Y~EPAI2T'n/IEI~d'I'
www.anaheim.nel
September 8, 2009
Frank Busalacchi, Jr.
Auto Center Dealers Assoc. of Anaheim, Inc.
1381 Auto Center Drive
Anaheim, CA 92806
SUBJECT: SPECIAL CIRCUMSTANCES WAIVER NO.2009-00039 / ZA2009-8
Congratulations! Your proposed project at 1321-1381, 1300-1382 Auto Center
Drive and 1221-1271 South Phoenix Club Drive was approved by the Zoning
Administrator on September 3, 2009. Enclosed is a copy of the Zoning
Administrator's decision. Please keep in mind that this decision will not be final
until the fifteen (15) day appeal period expires. If an appeal is made or if the City
Council decides to hold an additional public heazing, your project planner will notify
you immediately and provide you the date of the public hearing.
The action of the Zoning Administrator is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to your
project. The City departrnent responsible for monitoring this condition is listed in
the last column (i.e. Planning, Public Works or Police). Please contact Ted White,
(714) 765-4949, TWhite(c~anaheim.net, to discuss the next step for moving your
project forward. I have also attached a process flow chart so you know what
remaining steps aze necessazy to complete your project.
Please make sure to keep these documents in a secure place. In the event the
property is sold, provide the attached resolution to the new/prospective property
owner.
Thank you for choosing Anaheim for your project. Make sure to complete and return
the enclosed survey regarding our process. If there is any way we can improve our
service, please let us know.
Sincerel ,
C
CJ strnp, CP
Pl ing Services Manager
Enclosures
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92603
TEL (714)765-5139