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Resolution-PC 97-145~ ~ RESOLUTION NO. PC97-145 A RETOL~U pE,I,I,I,ION FOR VAR ANCE OP 4L3 7 BE GRANTEDSION WHEREAS, the .Anaheiin City Planning Commission did receive a verified Petition for Variance for ccrtain real pruperry situated in the Ciry of Anaheim, C~unty of Orange, State of California described ~s: ALL THAT PORTION OF ~~:NEYARD LOT H5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MA]' THEREOF RECORDED IN BOOK 4, AT PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY, AND THE EASTERLY EXTENSION THEREOF, OF '~~+CT N~•AT 6PAGESHOOWN ~ISCELLANEOUSEMAPS RECORDED IN BOOK 1G, RECORDS OF SAID ORANGE COUNTY; EXCEP'I'ING THEREFROM THE NORTHERLY 315 FEET OF 'I'HE EASTERLY 156.50 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WESTERLY OF THE CENTER LINE OP DICKEI- RECORDED N BOOK WIDTH, AS SHO~VN ON A DQAP OF 'TitACT NO. 416, 15, AT PAGE 40 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; ALSO EXCEPTING THEREFROI~4 THE FOLLOWING: BEGINNING AT THE POINT OF INTERSECI'ION OF THE SOUTHERLY BOUNDARY QF TRACT NO. 406, AS SHOWN ON A MAP THEREOF RECORDED 1N BOOK 16; AT PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, WITH THE CENTER LINE OF DICKEL STREET, 58 FEET IN WIDTH; AS SHOWN ON SAID MAI' OF TRAGT NO. 406, AND RUNNING THENCE SOUTH 15 DEGREES 28' 27" EAST, ALONG THE SOUTHERLY EXTENSION OF THE C~NTER LINE OF DICKEL WITf-iE E~iE SOUTHERLY BOUNDARY OF SAID TRACT'NO. 06, 40630 FEET .1 PC97-145 CR3079PL.WP ~ ~ ~~~• ~~'H~, '~t;FaTERLY LINE OF THE EAST'~RLY 156.50 FEET OF SAID ~N~g'.a~2TJ LOT H5; T~-IENCL NORTH 15 DEGREES 29' 45" WEST, ALONG ~ SAID W~S'I'ERLY LINE 220 FELT TO THE EASTERLY EX ~NEIIO E~~ ~E SOUTI~ER~ ~ BOUNDARY LINE OF SAID TRACI' NO• 406; 70 DEGREES 22' 28" `•NEST, ALONG SAID EASTERLY EXTENSION AND ALi~NG SAID SOUTHERLY BOUNDARY, 406.09 FEET TO THE POINT OF _ RE~'TINNING. WHEREAS, the Ciry Planning Commission did hold a public heari~~ at the Civic Cer~~er in the City of Anaheim on October 13, 1997, at 1:30 p.m., notice o: 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 t~ investigate and make ~ndings and recammendations -n 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 ~nd and determine the following facts: 1. That the petitioner proposes waivers of the following to construct an 8-foot high £reestanding monument sign for an existing church facility: ,~ection5 13 OS OR0.030 - Permitted identification siens. and 18 32,9~C7_ (Permitted: one maximum 4-foot high, 2 sa. ft• sign per street frontage; Proposed: w~ signs consisting of one 8-foot hiah, 0 s ft sign and one existing 4, s.~a.ft• sign facing South Street). 2. That there are special circumstances applicable to the property consisting of size, topography, surroundings and building location, which do not apply to other identically zone~ properties in the viciniry because this 2.3 acre property is larger than average in size and has three separate street frontages with vehicular parking al-~wed on each street thereby restricting visibility of the site; 3, That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because the angles of visibility between this property and the adjacent street (South Street), and the proximity of cars parked along South Street, make it dif~cult to see signage which complies with the permitted size parameters and other Code standards; _2_ I'C97-145 ~ ~ 4. 'I'hat there are exceptional or extraordiriary circumstances or conditions applicable to the property ~nvolved ar to the intended use of the properry that do not,apply generally to the property or class of use in the same vicinity and zone; and 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possess.ed by othe- property in the same vicinity and zone, and denied to the property in question; and 6. That the requested variance wil: 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; and 7, That no one indicated their presence at said public hearing in opposition; and that no ccrrespondence was received in opposition to subject petition. CALIFORNIA EN~'IRONMENTAL QUALITY ACT FINDING: "I'he 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. NOW, 'THEREFORE, BE IT RESOLVED that the Anaheim City Ylanning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite co the proposed use of the subject Froperty in order to preserve the safety and general welfare of the Citizenc of the City of Anaheim: 1. That illumination of. the monument sign shzll be controlled by an automatic timer designed to turn off illumination of the sign at 10 p.m. daily, except for sign illumination during religious holiday services which may be permitted up to thirty (30) minutes after the close ofi the latest service. 2. That the existing six (6) foot high freestanding sign located in the center of the property adjacent to South Street shall be removed from the premises. 3. That landscape and irrigation plans for. a landscaped planter surrounding the base of the proposed monument sign shall be submitted to the Zoning Division for review and approval prior to the issuance of a permit for the sign by the Building Division. 4. 'I'hat the owner of subject property shall be responsible for the removal of any on-site g~affiti within twenty four (24) hours of its application. $, That the subject properC,~ shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the ~etitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. _3_ PC97-145 ~ ~ ~hall be limited to what is shown ° addi it on 1 iS sage shal 6. That signage for subject facility . Co~ission. AnY ~ by the petitioner ar.d approved by the Planning be subject to apprcval by the Commission as a"Reports and Recommendations" item. eriod of one (1) 7. That prior to the issuance of a permit b,y the Building Division or within a p Condition No. 3, above- year from the date of this resolution, whichever occurs first, mentioned, shall be complied with. Eection 18.03r090 of the Anahe mpMunicipal CodeGns may be granted in accordance wrth S p above- rior to final building and zoning ins ections, Condition Nos. 2 and 5, g. That p lied with. mentioned, shall be comp roval of the proposed reyuest only t~ the 9, That approval of this application constitutes app Code and any other applicable extent that it complies with the Anaheim Municipal Zoning action or findings as to State and Federal regulations. Approval does not include any ulation City, an other applicable ordinance, reg compliance or approval of the request regarding Y or requirement. BE IT FURTHER RES~LVED that the Anaheim City Planning Commission does ressl• redicated upon hereby find and determine that adoption of this Resolution is exp ~ p ~leat a licant's compliance with each and all of the conditions hereinabove set the final judg any p~ art thereof, be declared invalid or unenforceable by such condition, or any p a rovals herein contained, of any court of competent;~lrisdiction, then this Resolution, and any pp shall be deemed null and ~oid. Commission THE FOREGQING RESOLUTION wa..~ adopted at the Planning meeting of October 13, 1997. ,~ ~ ---- - • `~ ~ ~:/~y~~, ~ ,~,•-, v~. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ AHEIM CITY PLANI~IING COMMISSION S~~RETARY, PC97-145 -4- ~. ~ S ~ ATE Qr C ~I,IFORNIA j " COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Planning Commission, do I, Margarita Solorio, Secic:tary of the Ana.heim C~ty hereby certify that the foregoing ren Oct bera13,a1997 by the followi gevolte f the membe s City Planning Commission held o thereof: AYES: COM~IISSIONERS: N~O ESK~ BO~STUN, BItiSTOL, HENNINCrER, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER, PERAZA ~ da of II•I WITNESS 'J~E~OF, I have hereunto set my hand this Y Q.~'(~ , 1997. C~ , ~ „~ ~~ ~ fU~ SECRETARY, A EIM CITY PLANNING COMMISSION 1'C97-145 -5-