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PC 75-181~ ~ RESOi.ITfIQPI N0. PC75-181 A RF.SOLUf1~N OF TftF. CIT'Y PI.ANNJNG CnhPtISSInN OF 771E CITY OF A*IAl1EItf TI~AT PrTITIQ'J FOR VARIANCF: N0. 2721 RL• DF.NIL•D MIERF.AS, the City Planning Comriission of the City of Anaheim dicl receive a verified Petition for Variance from E. J. J~fiNS~;J, 171R2 Armstrong Avemie, Santa Ana, California 91.711 (Owner); MIERICAN RA}:F.RIES, 7222 F.. Gage Avenue, Los Angeles, California 90040 (Agent) of ccrtain real property situate~l in the City of Anaheim, County of Oranoe, State of California described as: PARCfL 1: The Northwesterly 24~.00 feet of that portion of Vineyard Lot 1~-1~ as shown on a map of the Lands of Anaheim, recorded in book 4, pap,es 629 and 630, Ileeds, records of Los Angeles County, California, described as follows: ... ., , Be~inning at the Soiitheast corner of said Lot II-1, said Southeast corner being tf~e intcrsection of the 14esterly line of F.ast Street Fb.Q~ feet xlde, xnd the Northerly line of South Street 24.75 feet wide, as shown on said map; thence North 15° 30' Ofl" lYest along said Westerly line nf F.ast Street, 4f1~.99 £eet to the Southeasteriy corner of the land conveyed to Kel-Ger, Inc., in Parcel ?. of the deed recorded in book 3455t page A32, Official Records, in the office of the County Recorder of said (lrange County; thence South 74° 21.' 35" West alor.g the Soutlierly line of Kel-Ger, Inc., 531.20 feet to the F.asterly line of the 20.00 foot wide str.ip of land conveyeci to the city of Anaheim, by deed recorded in book 2729, page 208, Official Records, in the office of the County Recorder nf said Orange County; thence South 15~ 30' 31" East 11onP slid Easterly line~ 403.15 feet to said Northerly line of Soi~th Street; thence North 74° 21' (l4" East along said Northerly line, 331.14 fcet to the point of beginning. 14l~ERGAS, the City Planning Commission clid schedul~ a public hearing at the City Hall in the City ~f Anaheim on July 21, 1975, 1t 1:30 p.m., notice of said piiblic hearing having been duly given as required by lnw and in accorclance with the provisions of the Anaheim hf~nicipal Code, Chapter 1R.03, to hear and consider eviclence for and against saiJ proposed variance and to investigate and make £indings and recommendations in connection therewith; s1ic1 public helring having been continued to the P1lnning Commission meeting of September 3, 1975; ancl WHERF.AS, said Commission~ after di~e inspection, investigation and study made by itself and in its behalf., anci after due consi~leration of all ey}•3ence and reports of.fered at said hearing, does find anrl rietermine the followin~ taCts: ].. i'hat the petitioncr requests the following waivers from the Anaheim Dh~nicipal Code, to construct a free-standing sign: (a) SF.CTIQt7 SR.05.098.Q11 - Dlaximum numbPr of. sip,ns. (1 sign permi-' LteT; ~ si ,ns pr~posecl~-- (b) SECTION 18.Q5.093.02:i - Permitted si n locntion. (96 feet ~ .rom si e property line requ~rea; 2A feet proposed) (c) SL•CTI(1?t 1A.05.093.0231- ~finimum distance between siy,ns. (30Q feet require ; 105 eet propose 2. That the above-mentioned waivcrs are hereby denied on the basis that the proposed commercial signing is cteterr~ined to he imsuitable in the 611. (INDUSTRIAL~ LI1•fITED) Zone; that the Plnnning Commission had npproved the expansion of the retail bakery at the subject location at a previotis p~ibiic hearing whezein the petitioner implied that the existing frce-standing si~n would be uti]ized for advertising purposes; and. furthermore, approval of said waivers would set an undesirable precedent for future similar requests fcr signing~ i.e., separate free- standing sip,ns for each of several tenants or uses on a~iven parcel and co~ercial signing for nonconforming commercial uses in industrial zones. 3. That the Planning Commission docs herefiy determine that any hardship concernin~ signing for the existing commercial iis~ of the subject property is nf the petitioner's oxn making, since expansion of the existin(; commercial use was appr~ved in connection with a variance 1nd ~ince recordation of a parcel. map subdividing subject property would ~eliminate the need fer tlie waivers. RESOLlffION N~. PC75-181 ~ ~ 4. That there are no exceptional or extraordinary circumstances or conditions ~pplicable to the property involvect or to the intende~l use of the property that do not appiy ~ener111y to the property or class ef use in the same vicinity and zonc. 5. That the requested variance is not necessary for the preservaiion and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denicd to the Property in qiiestion. G. That the reqi~estect variance will l~e materially detrimental to the piiblic welfare or injurious to tlie property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at saicl public hearing in opposition, and no correspondence was receivecl in opposition to subject petition. ENVIRO;JhSf::dTAL I`dPACT REPOP.T FI;JDI"7G: That the Director of the Plnnning Department has determined that the proposecl activity falls ~vithin the definition of SeCtion 3,01; Class 11, o£ the City of Anlheim Guidelines to the Requirements for an F.nvironmental Impact Report and is~ therefore. categorically exempt from the requi.rement to file an EIR. NOI9, Tf1F.RIiFORF., BG IT RF.SOLVGn that the Anaheim City Plann?ng Com~nission does hereby deny siibject Petition for Variance on the basis of the afurementioned findings. 0 TIIG FORF.GQIrC RESO1,lTfIO`~ is signed and appmved fiy me this 3rd day of September, 1975. ~ CIfA RD .~ ANAIiEI'd CITY PIJ1~1*IING COhAtISSIf1N ATTF.ST: G-A~~ ~ SF.CRETARY, ANN~GI!~I CITY PLANNI:VG CQ1~84ISSION STATG OF CALIFORNIA ) COUNTY OF ORA.*JGE )ss. CIT'I' OF ANAI1EI61 ) I~ Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Analicim, do hcreby ccrtify that thc foregoing resolution was passed and aciopted at 1 meeting of the City Planning Commission of the City of. Anahcim, hcid on September 3~ I975, at 1:3Q p.m., I~y the following vate o£ the members thereof: AYGS: CODQIISSIONF.RS: BARNF:S, NF.RBST~ MQRLEY, FARANO NOf:S: CO~L~tTSSIQ!JF.RS: JOIiN50:~. KING~ T~LAR ADSF.h1T: CODL~fISSIQNL-RS: NONF. IN WITNFSS Wl1F.iti:QF, I have hercunto set my hand this 3rd day of September, 1975. ~~GG~i~i~• ~~l~~.~/ SEGZETARY. ANANF.IDt CITY PLAI~'NING COMh1ISSI~N -2- RESOLlffION N0. PC75-181