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PC 80-5RESOLUTION NO. PC 80 -5 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3126 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from EUCLID SHOPPING CENTER, 2293 West Ball Road, Anaheim, California 92804, owner, and HUB SIGN COMPANY, FRED BOYLES, 2651 Seaman, El Monte, California 91733, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: That portion of Lots 3 and 4 of Townsends Subdivision, as per map thereof recorded in Book 5, Page 40 of Miscellaneous Maps, records of Orange County described as follows: Parcel 6, in the City of Anaheim, as shown on a map in Book 27, Page 41 of Parcel Maps, records of Orange County. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on January 14, 1980, 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 a waiver of the following to construct a free- standing sign: SECTION 18.05.093.022 - Maximum area of free - standing sign. (40 square feet permitted; 224 square feet proposed) 2. That the requested waiveris hereby granted, in part, for a 120 square foot free - standing sign with 75 square feet to be allocated to petitioner's business sign and the balance (45 square feet) being allocated to the tenant of a future building. 3. That the above - mentioned waiver is hereby granted on the basis that the petitioner demonstrated a hardship exists due to the unusual shape of subject property and that denial would deprive subject property of privileges enjoyed by other properties in the same zone and vicinity. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use, as granted, of the property that do not apply generally to the property or class of use in the same vicinity and zone. PC80-5 5. That the requested variance, as granted, is 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. 6. That the requested variance, as granted, 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. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report 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, in part, 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 subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, however, that the sign shall be a maximum of one - hundred- twenty (120) square feet in size and shall consist of two panels: seventy -five (75) square feet allocated to the petitioner's agent (Adam and Eve Health Club) and forty -five (45) square feet allocated to the tenant of the future building (as yet unbullt). 2. That Condition No. 1, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 is signed and approved by me this 14th day of January, 1980. ATTEST: dtLit c 7v,ji SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION -2- PC80 -5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, 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 January 14, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1980. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC80 -5