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Resolution-PC 2002-77.~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04495 BE DENIED 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: THE NORTH 2O3.00 FEET OF THE WEST 203.00 FEET OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS 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 20, 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 that the hearing was continued from the May 6, 2002, meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by i~se4~ a~d in i~s behalf, a~d af~~r due consideration of all svidence and reports offered at said hearing,_ does find and determine the following facts: 1. That the petitioner proposes waivers of the following to retain un-permitted modifications to an existing freestanding sign: ~ RESOLUTION NO. PC2002-77 (a) Sections 18.05.093.020 - Maximum area of freestanding signs. and 18.44.067 (65 sq•ft• per face permitted; 168 sq.ft. existing and proposed) (b) Sections 18.05.093.050 and 18.44.067 Maximum height of freestanding signs. (8 feet permitted; 33 feet existing and proposed) 2. That the above-mentioned waivers are hereby denied because the nonconforming status of the existing freestanding sign was lost when sign alterations were made without Zoning Division and Building Division approvals. 3. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the use of the property (a service station at 1200 South State College Boulevard) that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is not 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, because Planr~;ng Commiss9on has been approving Code-conforming monument signs for service stations. 5. That approval of the requested variance woutd 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. CR5367DM -1- PC2002-77 ~ ~ 6. That there are no special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the viciniry. 7. That strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties under identical zoning classification in the viciniry. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA 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 deny subject Petition for Variance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 20, 2002. • Y / CHAIRPER N, ANAHEIM CI PLANNING COMMISSION ATTEST: ~~~..~~ ~~a~ ~ 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 20, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _ ~ ,~ ~ , 2002. i ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2002-77