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PC 82-155~~ RESOLUTION N0. PC82-155 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3282 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Peti~ion for Variance from SHELL OIL COMPANY, 511 North Brookhurst Street, Anaheim, California 92803, owner, and D. LINDSAY & J.B. HIRD, 511 North Brookhurst Street, Anaheim, California 92803, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1~ IN THE CITY OF ANAHEIM, CCiJNTY OF ORANGE~ STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 17 PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THF. COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planninq Commission did hold a public hearing at the City Hall in the City of Anaheim on August 9, 1982, at 1:30 p.m., notice of said public hearing having been duly given as require3 by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consiRer 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 offer.ed at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to retain two canopy signs: (a) SECTION 18.05.093.021 - Maximum number of freestanding signs {or_e perr~itted; three er.isting) (b) SECiION 18.05.093.0231- Minimum distance between freestanding signs. (300 feet required; 45 and 120 feet existing) 2. That the above-mentioned waivers are hereby granted for two signs mounted on a gasoline pump island canopy on the basis that the Planr.ing Commission interpreted these ~igns to be informati~nal/directional type signs and not typical free-standing advertising signs since said signs will read "self serve" and "open 24 hours". 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use oE the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment o" a substantial property right possessed by other property in the same vicinity and zone, and denied to the p.ropert,y in question. PC82-155 .-~ ,_ 5• That the reque~ted variance will not be materially detrimental to the public welfare ur injurious to the property or improvements in such vicinity and zone in which the property is located. 6• That no one indicated their presence at said public hearing in opposition; and that no cox•respondence was received in oppos::tion to subject petition. EAn7IRONMENTAL IMPACT FINDING: The Pla~ining Director or his authorized representative has determined that the ro osed ro' within the dafinition of Categorical Exemptions, Class 1 p P Ject fall.s State EIR Guid=lines and is, therefore, categorically exemetined in the requirement to prepare an ~Ig, P from the NOW, THEREFORE, gE =T gESOLVED 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: 1• That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City oi Anaheim. Z• That plans for the existing canopy signs shall be submitted to the Building Department to show compliance with all applicable City Codes. Permits shall be obtained as required. 3• That subject property shall be accordance with plans and specificat ons ~ondfileb ith theyCity of Anaheim marxed Exhibit Nos. 1 and 2. 4• That Condition Nos. 1, 2 and 3, above-mentioned, shall he completed within a period of sixty (60) ~ays frc~ the date herein.. BE IT FURTHER R~SOLVED 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 unen£orceable by the final judgment of. any cottrt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. ~. -2- 1 PC82-155 i ~ .-. ~ THE FOREGOING RESOLUTION is signed and approved by me this 9th day of August, 1982. ~. ~A''~~~ CH I N~ ANAHEIM CITY NNING COMMISSION ATTEST: ~~~ G ~ ~4~.t., ~.~. SECRETARY, ANAHEIM CITY PLAIv"NING COMMISSION STATE OF CALIFORNTA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 2, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was pas~ed and adopted at a meeting of the Anaheim City Planning Commission held on August 9, 1982, by the following vote of the members thereof: AYES: COMMISSTONERS: BOUAS, BUSHORE, FRY, HEREST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NOI~E ABSENT: COMMISSION~RS: NONE IN WITNESS WHErZEOF, I have hereunto set my hand this 9th day of August, i982. ~~ ~° ~.:. SECRETARY, ANAHEIM CITY PLANNING COMMISSION _g_ PC82-155