PC 83-99RESOLUTION [~O. PC83-99
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PSTI'PION FOR VARIANCE NO. 3338 DE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from OX ROAD GENERAL PARTNERSHZP, 1077 West Ball Road,
Anaheim, California 92802, owner, and AGUILA SIGN COMPANY, ISMAEL RODRIGUEZ,
3117 South Halladay, Santa Ana, California 92705, agent of certain real
property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCELS 1, 2 AND 3 AS SHOWN ON A MAP RECORDED IN BOOK 28,
PAGE 44, OF PARCEL MAPS, RECORDS OF SAID COUNTY.
WHEREAS, tl~e City Planning Commission did hold a public hearing at
the Civic Center in the Citl of Anaheim on May 16, 1983, at 1:30 p,m,, notice
of said public hearing having been duly given as requireQ 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
investiyate and make findings and recommendations in connection therewi.th; and
WHEREAS, said ComTission, after due inspection, investigation and
study made by itself and in its behalf, and after due considcration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1• That the petitioner proposes waivers of the following to permit
three (3) freestanding signs:
a) SECTION 18.05.093.021 - Maximum number of freestandina ~~ians
(2 siaris permitted; 3 siqns oroposed)
b) SECTION 18.05.093.0241 - Maxim~!m sian hei ht
(25 feet permitted within 750 fL-. of
residential structures; 55 feet proposed)
2• That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that the
residential structutes are located across the freeway and the sign will have
no visual impact on said residences; and on the basis of the size and shape of
subject property; and denial would deprive subject property of privileges
currently being enjoyed by otl~er pcoperties in the same zone and vicinity.
3• That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended ~:se of tiie
property that do not apply generally to the property or class of u.>e in the
same vicinity and zone.
4• That the requested variance is necessar.y for the preservaticn
and enjoyment of a substantial pcoperty right possesstd bv other property in
the same vicinity and zone, and denied to the property i.n question.
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PC83-99
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5. That the requested variance will not be materfally 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 was received in opposition to su.bject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning 'irector or his
authorized rep_esentative 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 ETR.
NOW, THEREFORE, BE IT RESCr,VED 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
9eneral welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shali pay to the City of Anaheim
a fee for street lighting along Ox Road in an amount as determined
by the City Council.
2. That prior to issuance of a buildin9 permit, appropriate wGter
assessmenE fees shall be paid to the City of Anaheim, in an amour:t
as determined by the Office of the Utilities General Manager.
3. 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. That prior to the commencement of the activity authorized under this
resolution, or prior to thz time that a building permit is issued,
or wilhin a period of one year from the date of this resolution,
whichever ocr,urs first, Condition No. 1, above-mentioned, shall be
complied with. Extensions for further time to complete said
c•onditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
5• That prior to final building and zoning inspections, Condition No.
3, above-mentioned, shall be complied with.
BE LT FURTHER RESOLVEA that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applica~t's compliance with each and all of tne 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
compe~ent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is signed and approved by me this 16th day
of May, 1983.
/~~/~iGC, ~ ,~ ~C/t`c'.~;-e_~f
CHAIRMAN,~ RO TEMPORE
ANAHEIM QTTY PLANNING COMMZSSION
ATTEST:
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SECRETARY, ANAHEIM CITY LANNING COMMISSION
STATE OF CALIFORNIe~, )
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 Ana:~eim 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 CLASRE
IN WITNESS WHEREOF, i have hereunto set my hand this 16th day of
May, 1983.
~~ ~ ~~K~-..a.
SECRETARY~ ANAHEIM CSTY PLANNING COMMISSION
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