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Resolution-PC 2011-085RESOLUTION NO. PC2011 -085 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2011 -04863 (DEV2011- 00090) (888 SOUTH DISNEYLAND DRIVE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for that certain real property located at 888 S. Disneyland Drive, in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance for wall signage for an existing bank located within an office building with a sign copy that has a logo and sign area larger than permitted by code and a logo located closer than one -half the size of the largest letter /symbol to the top and sides of the building wall; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2011, at 5:00 p.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, at the time and place fixed for said public hearing, the Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports relating thereto; and WHEREAS, at said hearing, the Planning Commission proposed that the variance be revised; said change having been agreed to by the applicant, as follows: SECTION NO. 18.116.160.050 Wall Sign Requirements: (Maximum logo height 48 inches permitted; 52 inches proposed) (Maximum sign area 160 square feet per wall sign permitted; 260 square feet per sign proposed, with 48 inch letter height) WHEREAS, after careful consideration of the evidence and reports offered at said hearing the Planning Commission does hereby find and determine that the variance, as described above, should be granted for the following reasons: - 1 PC2011 -085 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Categorical Exemptions, Section 15301, Class 11 (Accessory Structures)and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the reasons hereinabove stated does hereby grant Variance No. 2011- 04863, as described above, to permit two wall signs larger than permitted by code and allow a maximum logo height greater than code permits, subject to the conditions of approval herein. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 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 PC2011 -085 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 7, 2011. ATTEST: 1"Y i L i-- CHAIRMAN, ANAYIEIM 'CITY ANNING COMMISSION. • SENIOR SE C TARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 7, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011. SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -085 -]APN: 036- 102 -12 E7-IIBIT "A" DEV NO. 2011 -00090 4 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -085 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 This property shall be developed substantially in accordance with the plans, and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which includes the Sign Plans dated September 30, 2011 (Exhibit Nos. 1 -3). Said plans are on file in the Planning Department. Planning Services Division EXHIBIT `B" VARIANCE NO. 2011-04863 (DEV2011- 00090) 5 - PC2011 -085