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PC 83-100,°'',, ,.,,, RESOLUTION NO. PC88-100 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING PLAP7NING COMMISSIOI3 RESOLUTION N0. PC76-133 GRA.NTED IN CONNECTION WITH VARIA[QCE NO. 2824 WHEREAS, Variance No. 2824 to establish a second freestanding sign (tenant panel sign) with waivers of (a) maximum number of freeskanding signs, (b) permitted locatio.: of freestanding signs, (c) mini.mum distance between freestanding signs, and (d) maximum sign height, was granted, in part, (waivers (a), (b), and (c) were granted and waiver (d) was withdrawn by the petitioneri by the Planning Commission on July 7, 1976, Resolution No. PC76-133; and WHEREAS, on April 25, 1977, the Planning Comrnission determined that revised plans increasing tt~e approved sign area from 144 to 315 square feet was in stibstantial conformance wzth the original approval of petition for Variance No. 2824, and therefore, approved said revised plans; an6 WHEREAS, the Anaheim City Planning Commission did receive a verified request to readvertise ~Iariance No. 2824 to medify the on-site signing from JOHN E. WEBURG, 1360 East Maple, Glendale, California 91205, owner of certain real property situated in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIDI, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY By WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES~ CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGE 163 ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDF.R OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CEfITEP.LINE OF CEt1TER ~TREET, NpRTH 74° 37' 25" EAST 770.13 FEET FROP1 THE CENTERLINE OF EAST STREET, AS SAID STREETS ARE SHOWN ON SAID MAP; THENCE NORTH 74° 37' 25" EAST 180.00 FEET ALONG SAID CENTERLINE OF CENTER STREET; THENCE NORTH 15° 24' 15" WEST 480.00 FEET PARALLEL WITH SAID CENTERLINE OF EAST STREET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN ROOK 5770 PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 7~° 37' 25" WEST 180.00 FEET ALONG SAID SOUTH LINE TO A LINE PARALLEL WITH SAID CENTERLINE OF EAST STREET WHICH PASSES THROUGH T&5 POINT OF BEGINNING; THENCE SOGTH 15° 24` 15" EAST 480.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY~ IN B~OK 28 PAGE 22 OF RECORD OF SURVEYS. #06381 PC83-lU0 ~~,~.,.~ y,:. WHEREAS, the City Planning Commission did hold a gublic hearing at the Civic Center in the City of Anaheim on May 16, 1983, 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 L-he Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and agai~ist 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 followinq facts: 1. That the petitionez proposed waivers of ~he following to retain two freestanding signs: (a1 SECTIOid 18.05.093.021 - Maximum number of freestanding signs. (1 permitted; 2 proposed) (t) SECTION 18.05.093.023 - Pecmitted location of freestanding signs. (72-foot setback from side property line required; 5 and 30 feet proposed) (c) SECTION 18.OS.U93.0231 - Minimum distance between freestanding si ns. (300 feet required; 120 feet proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists due to the location and size of subject property and the location of the building relative to the property boundaries; and that street application oE the ~oning Code deprives the property of privileges enjoyed by other properties ~n identical zoning classification in the vicinity. 3. TLat tY,ere ~re exceptzonal or Axtraordi~ary circums~ances or conditions applicable to the property involved or to the intended use of the property that do not app2y 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 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 request~~3 variance 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence aas received in opposition to 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 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. _2_ PC83-100 r'"" ` /~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does heceby 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 F_eserve 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 and 2. 2. That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be complied with. 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 pas-t 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 16th day of May, 1983. ~~~~ % /_/ CHAIRMAN~ 0 TEMPORE ANAHEIM TY PLANNING COMt4ISSI0N ATTEST: ~ ~ .~° /~~~.,.~.. SECRETARY~ ANAHEIM CITY PLANNING COMMISSION ST~TE 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 meetin9 of the Anaheim City Planning Commission held on May 16, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ HERBST~ KING~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FRY~ LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 1983. ~1~,G .~ ~k~~,..w SECRETARY, ANAHEIM CITY PLANNING COMMISSION _3_ PC83-100