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Resolution-PC 2003-40~ ~ RESOLUTION NO. PC2003-40 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2003-04551 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain reai property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 153, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE CITY OF ANAHEIM BY THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION RECORQED MARCH 10, 2000 AS INSTRUMENT NO. 20000128022 WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 10, 2003, 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 waivers of the following to retain two hotel identification wall signs located on adjacent building elevations: Section Nos. 18.48.130.060.0601(d) - Hotel Sign Standards Matrix Repuirements pertaininq to: and 18.48.130.060.064 (a) Maximum Siqn Area. (300-sauare foot siqn area for wall signs permitted; two existing 482-square foot wall siqns proposed to be retained) (b) Permitted Siqn Location. (two wall sictns on non-adiacent buildinq elevations with each sign located a minimum distance of one-half the size of the siqn letter to the top and sides of the buildina wall permitted; two existing wall siqns located on adiacent buildinA elevations with each wall sign extendinp 16'/4" above the top of the roofline and adiacent to the edae of the buildina wall below the sign proposed to be retained) 2. That the above-mentioned waivers are hereby granted on basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity because the Anaheim cr\pc2003-040.doc -1- PC2003-40 ~ • Marriott Hotel is the second tallest hotel in the Anaheim Resort Specific Plan area (the West Coast Hotel is taller by seven feet); and that the Zoning Code allows a hotel logo sign, such as the proposal, to have a maximum height of 10 feet but reducing the existing sign area from 482 square feet to 300 square feet would result in the logo height and sign area needing to be reduced by approximately one-third, which would reduce the visibility and legibility of the sign as well as make the sign area disproportionate to the size of the building. 4. 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. 5. 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 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: That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Depa~tment marked Exhibit Nos. 1 through 3. 2. That approval of this application constitutes approval of the proposed request only to the extent tFiat 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 10, 2003. , CHAIRP RSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2003-40 ~ ~ I, Eleanor Morris, 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 March 10, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO IN WITNESS WHEREOF, I have hereunto set my hand this 3r~ day of ~ , 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-40