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PC 79-46RCSOLUT ION 110. PC 7~-45 A RESQLUTI(Itl OF Tf1E A~~AHEI'1 CITY PLl~IINI11; CO'1!115S10t~ TfiAT PETITION FOR U1IRIAI~CE N0. 3~7° BE GRANTED, IN PART Wf1EREA5, the Anaheim City Planning Comnission did recelve a verifted Petitio~ for Variance from CONSERVATIVE BAPTIST ASSOCInTION OF SOLTt~ERP7 CALIFORNIA, ZSZ3 West La Palma Avenue, Anahein, California Q2801, owner, and FRR,NK E. KEt~~IEDY, 25Z? West La Palra Avenue, Anahelm, California ~23(tl agent, of certain real property situated in [he Ci[y of Anaheim, Lounty of Oranoc, Statn_ of California described as: PA'tCEL 2, Ih TNE CITY OF AtIAHEiM, COUtITY OF 0^.Ati~E, STPTE OF CP,L I FORI' IA, AS SHOWk ON A Pl1RCEL MAP F I LED I1~ BOOY. 51 , PA ~E 2 OF PARCEL MAPS IN T4E OFFICE OF TNE COIR~TY RFCQRDEp. OF SAID C~UNTY. UHEREAS, the City Planning Conmission did hold a public hcaring at the City Hall in the Ci[y of Anahelm on Fehruary 2~, 1^7~, at 1:3~ p.M., notice of sald public hearinc~ having been duly given as renuired hy lao~ and in accordance wiih the provisions o` [he Anaheim Municipal Code, Chapter 1~,0;, to he~r and consider evidence for and aaainst satd oronosed variance and to fnvesti9ate and make findings and recomnendations in connection therewi[h; and WHEREl15, s~id Comnission, aftcr Jue inspection, investiaa[ion and study made by itself and in its hehalf, and after due considera[ion of ill evidence and reports ofrered at said hearing, dnes `ind and deternine [hc fnllowing facts: 1. That the petltioner ~ro~~ses a waiver of thc `oll~winr, [o retaln two (2) existing sictns and ins[all a ihird si9n: SCCTI01~ t$.05.03~.~30 - Pcrmi[ted signs. 1 id~nti ication siqn nermi[ted; 3 orooosed 2. That the proposed variance is hereby oranted, in part, to allow two 1A- square Toot r~all sfgns on [he tasis that strict application of the zoning code deprive5 the properiy of privileges enjoyed by other nearby and similarly developed prope~ties; and that [he use is simllar tu a commercia) office and if the propert/ were reclassified accordi~gly, the aparoved signs arould be pernitted by rfght. 3. That the proposed [hird sign (s here6y denied on the basis that the two existing 28-square foot wali signs adequately advertise the existing church-related uses in the bullding. 4. That there are exceptional or extraord(nary circumstances or cond(tions applicable [o [he property involved or io the intended usc, as granted, of the property that do not apply generally to the property or ciass of use in the same vicinity and zone. 5. That the requested variance, as granted, is necessary for Che preservatfon and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denled to ihe property in questlon. PC79-46 6, That [he requested variance, as granted, will not he materially detrimental to the public welfare or inJurious to the propercy or improvements in such vicinity and zone in whtch the oroper[y is located, 7. That no one inJicated thetr presence at sata puAlic hearina in opposition; and that no correspondence o~as recetved in opposition to the subject petftion. E1dVIROPIME4TAL 111PACT FINDIttr,; Thc Pianning Director or his authorized representatlve has determined tha[ tlie prooosed projec[ falls within Che definition of Categorical Exemp[ions, Class 11, as defined in Paragraoh 2 of the City of Anaheim Environnental Impact Report Guide!ines and is, therefore, cate9orically exemp[ from the requtrement [o preparc an Elf:. NOW, TIiEREFOP.E, E3E IT RES(ILVED that the Anaheim City Planning Lommission does hereby grant, in part, subject Petition for Variance, upon the follo~aing conditions which are hereby found to be a necessary prerequisi[e to the proposed use of the subject property in ordcr to nreserve the safety and ~eneral welfare of the Citizens of [he City of Anah~lr.i: 1, That subject proper[y shall be developed subs[antially in accordance with plans and specifica[tons on file with [he City of Anahein markeci Exhibit Mos. i through 3; provideJ [hat only t~~ro (2) twenty-ei9ht (28) squ~rc foot wali signs shall be constructed. BE IT PU~THER RESOLVED that thc Anahcim Gity Plannlnn Coc~ission does hereby find and determine tha[ adoption of [his Resolution is expressly predicated uoon applicant's compli~nce with each and all of the conditlons hcrefnabove set forth. Should any such condicion, or any part thereof, be dcclared invalid or unenforceable by the final judgment of any court of competent Jurisdiction, then this Resolution, and any approvais hercin contained, shall be dcened null and void. THE FORE~OING RESOLUT101J is signed a~d a~pr~ved by me this 2fth day of February, 1c,79. .. ~ R. M, Atl NEIN C L~!~~ G CO'1+115510N ATTES7: ~c~.~t ~ ~,~,~;, SECRETARY, ANAHEIM CITY PLAN-JIN, CGM,`tI55t0~~ STP.TE OF CALIFORNIA ) COUttTY OF ORArtr,E ) ss. CITY OF ANANEIM ) I, Edith L. Harris, Secretary of the Anaheim City Plann;ng Commtssion, do hereby certffy that the foregoing resolution was passed and adopted at a neeting of thc Anahrtm City Planning Commission held o~ February 2C, 1979. a[ 1:3~ p.m., by the following vote of the menbers thereof: -2- PC79-46 ` . AYES: COMMI5510NER5: BARNES, BUSHORE. DAVID, HERBST. JOHNSOH, Y.ING, TOLAR MOES: COMMISSIONERS: tJONE ABSENT: COMNISSIONERS: tJONE IN WITtJESS WHEREOf, 1 have hereunto set my hand this 26[h day of February, ~9~s. („ c~~ .C. ~.civ+~:.. SECRET~AR , ANAHEIM CITY PLANNItlG COMMISSION -3- PC79-46