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Resolution-PC 2000-85• RESOLUTION NO. PC2000-85 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04196 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WESTERLY, RECTANGULAR ONE-HALF OF LOT 4 OF THE ORCHARD PARK TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THAT PORTION OF SAID LAND AS DEEDED FOR THE WIDENING OF SOUTH STREET, BY DEED TO THE CITY OF ANAHEIM, RECORDED DECEMBER 9, 1912, IN BOOK 224 PAGE 110 OF DEEDS. A~SO EXCEPT THE EASTERLY 84.5 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 8, 2000, at ~: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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 5, and July 3, 2000 Planning Commission meetings; 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 proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.05.046.010 and 18.05.094 to construct two changeable copy "marquee" freestanding signs with waivers of the following: (a) SECTIONS 18.05.080.030 Permitted identification signs. AND 18.21.067.030 (One 4-foot high, 20 square foot sign per street frontage permitted; one 6.~-foot high 40 square foot marquee sign and one 5.75-foot high, 16 square foot marquee sign proposed along South Street) (b) SECTI~N 18.05.094.040 Minimum distance between freestanding signs. (300 feet required; 114 feet proposed) 2. That there are special circumstances applicable to this property including its large size, significant street frontages, and limited visibility. 3. That the strict application of the Zoning Code would deprive this property of the privileges enjoyed by other similar church properties in the vicinity. 4. That the proposed sign is property one for which a conditional use permit is specifically authorized in conjunction with a church and/or school by the Zoning Code. 5. That the granting of this conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; CR4000pk.doc -1- PC2000-85 • • 6. That the proposed sign use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located 7. That the size and shape of the site for the proposed use is adequate to allow the full developmerit of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 8. That no additional traffic will be generated by the proposed signs, therefore it will not impose any impact upon the streets and highways designed and improved to carry the traffic in the area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Coraditional Use Permit, 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 4he Citizens of the City of Anaheim: That both of the signs shall be well maintained at all times, including removal of graffiti and on- going maintenance. 2. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the sign location. 3. That messages displayed on the marquee portion of "Sign A" shall not be used to advertise off-site businesses, off-site services or off-site goods for sale. 4. That signage for the subject facility shall be limited to that shown on exhibits submitted by the petitioner. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item, 5. That the light emitted from this sign shall not cause light or glare into nearby residences. Prior to final building and zoning inspection, a night-time inspection shall be performed to test said lighting. Said lighting shall be adjusted to accommodate this condition. 6. That illumination of the signs shall be controlled by automatic timers designed to turn off illumination by 10 p.m. daily, except for illumination during religious holiday services permitted after 10 p.m. 7. That this 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, 2 and 3, and as conditioned herein. 8. That prior to issuance of a buitding 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 complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. That prior to final building and zoning inspections, Condition Nos. 5 and 7 above-mentioned, shall be complied with. -2- PC2000-85 ~ ~ 10. 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. 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. THE FOREGOING RESOLUTION was adopt at the Planning Commission meeting of July 3, 2000. /~ /~ CHAIRPER,gj~N, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~~ SECRE ARY, AHEIM 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 July 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of , 2000. . e1~~ SECR ARY, NAHEIM CITY PLANNING COMMISSION -3- PC2000-85