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Resolution-PC 2000-33~ • RESOLUTION NO. PC2000-33 A RESOLUTION OF THE.ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 4391 BE GRANTED WHEREAS, the Anaheim City Planning Commission 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: THAT PORTION OF LOT 30 OF AI~AHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAS7 CORNER OF SAID LOT 30, BEING THE INTERSECTION OF THE CENTER LINES OF BALL ROAD AND WEST STREET AS SHOWN ON SAID MAP; THENCE SOUTH 89° 58' 56" WEST 388.7 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 30, TO THE SOUTHERLY PROLONGATION OF THE EAST LINE OF TRACT NO. 1620, AS PER MAP RECORDED IN BOOK 58, PAGES 29 THROUGH 31 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID OaANGE COUNT; THENCE NORTH 0° 17' 34" WEST 384.24 FEET ALONG EAST LINE OF SAID TRACT; THENCE SOUTH 89°50 50" EAST 248.85 FEET TO THE SOUTHWESTERLY LINE OF SAID WEST STREET; THENCE AT RIGHT ANGLES TO THE CENTER LINE OF SAID WEST STREET, NORTH 74°19' 56" EAST 33.00 FEET TO S:AID CENTER LINE; THENCE SOUTH 15° 40' 04" EAST 407.50 FEET TO THE POINfi OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID CENTER LINE OF WEST STREET, NORTH 15° 40' 04" WEST 201.85 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF SAID BALL ROAD; THENCE SOUTH 15° 40' 04" EAST 201.85 FEET; THENCE ALONG SAID CENTER LINE OF BALL ROAD, SOUTH 89° 58' 56" WEST 196.70 FEET; THENCE NORTH 0° 01' 04" WEST 154.52 FEET TO A LINE BEARING NORTH 74° 19' S6" EAST AND PASSING THROUGH THE POINT OF BEGINNING THENCE NORTH 74° 19' 56" EAST 147.73 FEET TO THE POINT OF . BEGINNING. WHEREAS, the City Planrn~ing Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 27, 2000, at 1:30 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 18.03, 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 Commission, 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 waiver of the following to permit two Anaheim Resort freestanding monument signs (one per street frontage): Section 18.48.130.060.0604 - Sign Standard Matrices. (One freestandinq monument siqn per lot permitted for a hotel complex; finro proposed, one adjacent to Ball Road and one adjacent to West Street) CR3919pk.doc -1- PC2000-33 # • 2. That the waiver, pertaining t'o permitted freestanding monument signs for hotels in the Anaheim Resort, is hereby approved based on the finding that special circumstances have been identified that are applicable to the shape, location and surroundings of the subject property which do not apply to other identically-zoned properties in the vicinity, and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone classification in the vicinity because the property is an irregularly-shaped parcel that wraps around a corner lot and has frontage on and takes access from two arterial highways (Ball Road and West Street); that the existing sign on Ball Road will be retained and a new sign will be constructed adjacent to West Street within the middle 30% of the street frontage; and that because of the lot configuration and proposed sign locations, each sign will be visible only to the adjacent public right-of-way: 3. That all properties in the Anaheim Resort are typically permitted by Code to have one Anaheim Resort freestanding monument sign on the lot to provide identification to the adjacent right-of-way; and that this property, which has two frontages, has been impacted by public right-of-way improvements on West Street that have resulted in reduced vdsibility and access to the property. 4. That strict application of the Zoning Code would deprive this property of necessary and reasonable identification to both Ball Road and West Street; and that installation of one additional freestanding monument sign in the location proposed will provide identification from West Street only and will not be visible to Ball Road. 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to the property or class of use in the same vicinity and zone. 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. 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. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in op;position. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representakive has determined that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt frorn the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission 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 prior to final building and zoning inspections, a minimum two (2) foot wide landscaped border shall be planted and irrigated and permanently maintained around the sign base. 2. That the subject property shall be developed substantially in accordance with the plans and specifications on file in the Planning Department marked Exhibit Nos. 1 and 2. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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_ PC2000-33 ! • 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 fo-th. 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. THE FOREGOING RESOLUTION was pted a the Planning Commission meeting of March 27, 2000. GH I SON PRO TEMPORE, AN IM CITY PLANNING COMMISSION ATTEST: SECRETAR , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 March 27, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN • IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2000. • (7~ SECRETARY, A AHEIM CITY PLANNING COMMISSION _3_ PC2000-33