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Resolution-PC 2002-69• • RESOLUTION NO. PC2002-69 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04498 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: PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 26 AND 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 6, 2002, 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: That the petitioner proposes waivers of the following to construct a new monument sign: (a) Sections 18.05.093.010.0101 - Maximum number of freestanding or monument-type signs. and 18.61.067 (2 business signs permitted along La Palma Avenue in the Limited Industrial ("ML") zone; 3 signs proposed) (b) Sections 18.05.093.030 - Permitted location of freestanding or monument-type si ns. and 18.61.067 (Minimum 120 feet from west property line; 20 feet proposed) 2. That the above-mentioned waivers are hereby granted on basis that there are unique circumstances applicable to the property such as its size, location and surroundings which do not apply to other identically zoned property in the vicinity because the property has a long 780-foot frontage along La Palma Avenue with a large depth and, therefore, limited visibility to the on-site uses; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. 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; and that the proposed 32-square foot monument sign (located 20 feet from the west property line in the landscaped median of a driveway) will not intrude on the identification for the adjoining property to the west. CR5358DM.doc -1- PC2002-69 ~ • 4. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNtA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative 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 from 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 the final site plan for the sign shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the Engineering Standard No. 137 pertaining to visibility. Said information shall be specifically shown on plans submitted for building permits. 2. That the proposed sign shall be developed with the numeric street address on the base in minimum nine (9) inch high letters with a minimum sign base height of eighteen (18) inches. The sign shall be located within a landscaped area that is equal to at least one-half (50%) of the totat sign area of the sign in compliance with Code requirements. Said information shall be specifically shown on plans submitted for building permits. 3. That the monument sign shall be maintained in a"like-new" condition and free of graffiti at all times. 4. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance No. 3110 (waivers of permitted location of flashing signs, maximum height of flashing signs, maximum area of free-standing signs and maximum height of signs within 750 feet of a residential structure, to construct a freestanding sign) and Conditional Use Permit No. 1888 (to permit offices and restaurants in an industrial complex). 5. That subject 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 Ptanning Department marked Exhibit No. 1, and as conditioned herein. 6. That prior to issuance of a city permit for the new monument sign or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 4, 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. 7. That prior to final building and zoning inspections Condition No. 5, above-mentioned, shall be complied with. 8. 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 applicanYs 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. -2- PC2002-69 ~ . May 6, 2002. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ~ ~~ CHAIRPE N, ANAHEIM C PLANNING COMMISSION ATTEST: ~~~~-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 May 6, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this o~~ r~ day of , 2002. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-69