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PC 82-157, ~, RESOLUTION t10. PC82-157 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION POR VARIANCE NO. 3283 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from PAHLO V. AND LAURA KNOYTLTON DOMINGUEZ, 1523 East Sant•a Ana Street, Anaheim, Califnrnia 92805, owners, and J.B, gIRp, 511 North BrooY.hurst Street, Anaheim, California 92803, agent, of certain real property situated in the City of Anaheim, County of Orange, State of Cali~ornia described as follows:: THE NORTH 2O3.00 FEET OF THE I+IEST 203.00 FEET OF SECTION 24. TOWNSHIP 4 SOITi'H, RANGE 10 t,1EST, IN THE RANCHO SAN JUAN CAJON DE SANTA AI~A, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CA?,TFORNIA, AS PER Mpp RECORpED IN BOOK 51 PAGE 10, OF MSSCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. wHEFEAS, the City Planning Commi.ssion 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 pu;olic hearing having been duly given as requ9.red by law and in accordance with the provisions of the Anaheim Municipal Codt. Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings aad 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 af a12 evidence and reports offered at said hearing, does find and determine the °ollowing facts: 1• Tnat the petitioner proposes waivers of the following to perm.it two canopy signs: (a) SECTION 18.05.093.021 - Maximum number of freestanding signs. (one permitted; two proposed) (b) SECTION 18.05.093.0231- Minimum distance between freestanding signs. (300 £eet required; 55 feet prapased) 2• That the above-mentioned waivers are hereby granted for two signs mounted on a gasoline pump island canopy on the basis that the Planning Commission interpreted these signs to be informational/directional signs and not typical freestanding 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 of the property that do not apply generally to the property or class of use in the same vicinity and zone. PC82-157 x:: ~ r , ~_ 4. That the requested variance 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. 5• That the reAuested vari.ancQ,~ will not be materially detrimental to the public welfare or inj,:rious 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 correspondence was received in opposition to subject petition. ENtIIRONMEN'PAL IMPACT FINDING: That the Anahezm City Planning Commission has reviewec! the proposal to reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone to permit two signs mounted on a gasoline pump island canopy with waivers of maximum number of freestand3ng signs and minimum distance between freestanding signs on a rectangularly-shaped parcel of land consisting of approximately 0.5 acre located at the southeast corner of Ball Road and State College Boulevard, and further described as 1200 South State College Boulevard (Shell Service Station); and does ]iereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulati~e adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan desiqnates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiatiny the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions wh.fch are herehy 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 this Variance is granted subject to the completion of Reclassification No. 82-83-2, now pending. Z• That subject property shall be developed subs dntially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. BE IT FURTHER RESOLVBD that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly preciicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereor, be declared invalid or unPnforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. ..2- PC82-157 ^'~'k"'~s.-..,~.w,...,,~~a.,,.~:..,,,.,..._... _. .._ .. _ _ _ . THE FOREGOING RESOI~UTION is signed and approved by me this 9th day of August, 1982. ij'~~! " CH I N, ANAHEIM CITY PLAN G COMMISSION ATTEST: `~~1~~ .I~ 1v.~,,~,~. ~ SECRETARY, ANAHBIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COONTY OF OR)1NGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anahaim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahei~ City Planning Commission held on August 9, 1982, by the following vote of the members there of: AYES: COI~IIdISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KZNG, LA CLAZRE, MC BURNEY NOES: CO.~IMISSIONERS: NONE AHSENT: CO[~IIKISSIONERS: NONE IN WIi"lESS WHEREOF, Z have hereunto set my hand this 9th day of August, 1982. ~~ ~ ~~~ SECRETARY, ANAHEIM CITY PLI~NNING COMMISSION -3- -3- PCt32-157