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Resolution-PC 97-95~ ~ RESOLUTION N0. PC97-95 A RESOLUTiON OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 4309 BE GRAM'ED WHEREAS, the Anaheim Gty Planning Commission did receNe a veri~ed Petition for Variance for certain real property situated in the City of A~aheim, County of Orange, State of Califomia described as: LOT 1 TRACT 14701, A~ SHOWN ON A MAP FILED IN BOOK 731, PAGES 47 AND 48 OF MIS~FLLANEOUS RAAPS, ?ECORDS OF ORANGE COUNTY, CALIFORNIA. WF~EREAS, the Ciry Planning Commiss!on did hold a public hearing at the Civic Center in the City of Anaheim on July 21, 1997, at 1:30 p.m., not(ce of said pubUc hearing having been duly gNen as required by law and !n accordance wfth the provisfons rrf the Anaheim Municipal Code, Chapter 18.~3, to hear and consfder evidence for arxi against sakl pro~:oseci variance and to investigate and make flndings and recommendations in connection therewfth; and WHEREAS, said Commission, siter due inspection, im~estigatlon and study made by ftself and in its behalf, and after due conskleration of all evidence and reports offered at sa(d hearing, does flnd and determine the following facts: 1. That the petftioner proposes waivers of the foilow(ng to construct monument and tenant ident~ication signs: (a) Sa~tions 18.05.093.0211 - Maximum number of freestandin4 sians. i8•05•098 ~ freestandina sians permftted; ~ 1 ~ ~ m~n merrt sians identifying the design center (The Mart on State College) and 7 detached tenant sians proposed) (~) ~~tions 18.05.093.0231 - Minimum distan~between freesta_rKlfna sians. 18 05•098 (300 fg~t required; 30 feet Proposed) gnd 18.61.067 2. That subject property is being developed wfth wholesale and distribution uses including permitied accessory retail uses (The Mart on State Coilege) in the ML "Limfted Industrial" Zone, as permitted by Code Section 18.61.30.065; 3. That although the proposed tenant klentffication signs are not phyaically attached to the building, they are Iacated on cdumns adjacent and close to the building ancl w(il visually serve as wall signs (identtying each tenant entrance) because they are set back 80 feet from the street frontage proparty Iine, are lower than the overall building height and ara incorporated into the bullding design; 4. That ff there wero no advertising copy on the cdumn structures adJacent to the building, said structures would be permitted archftectural features; that the proposed sign program enhances the design of the buildtng ard granting of this variance allows for morA unique signage; and that strict compliance with the Code would deprNe this prope+ty of creatNe identiry and archftectural design opportunfties which are sured to this large 9-acre property; CR2980PLWP -1- PC97-.,~-5 ~ ~ 5. That there are special cir ;umstances applicable to the property consisting of its location and surcoundings, which do not apply to other kfentically zoned properties in the vicinfry; 6. That strict application of ahe Zoning Code deprives the property of privileges enjoyed by other properties under ldeMical zoning dassiflcation tn the viciniry; and 7. That no one (ndic~ted their presence at the public hea~ing fn opposition; and that no correspundence was recelved in opposftfon to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FlNDING: The Planning Director or his authorized representatNe has determined that the proposed project falls within the definftion of Categorical Exemptions, Class 11, as deflned in the State EIR Guldel(nes and is, therefore, catego~fcally exempt ftom the requfrement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anahefm Cfry Planninfl Commission does hereby gram subject Petftion for Variance, upon the fdlowing condftions which are hereby found to be a tracessary prerequ(site to the proposed use of the subJec:t properry fn order to preserve the safety and general welfare cfi~ the Cftizens of the City of Anaheim: 1. 1F~i the sign program for this facility shall be Iimked to that which is shown on the exhibks submitted by the pe4ftioner and approved by the Ptanning Commission. Any addftfonal signs v(sible to any public rights-of-way shall be subject to prior revfew and approval by the Planning ~ommission as a"Reports and RecommendaYlons' ftem. 2. That within a period of thirry (30} days from the date of this resdution, the owner of subject property shall submft e letter rec;uasting tRrmi~ation of Conditional Use Permft No. 3477 (permitting an industrially-related design center (ncludfng InGude showrooms, warehousing and office uses wfth waNer of minimum number of pa~lctng spaces) to the Zoning Diviston. 3. That prior to the Issua~ce of a permft for the monument signs or with(n a period ~n one (1) year from the date of this resolution, whichever occurs first, plans shall be submitted to the Ciry Traffic and Transporiatfon Manager for review and approval showfng conformance wfth Enginesring Standard No. 137 perta(ning to sigM distance visibiliry for sign locations. Extensions for further time to complete said condftions may be granted in accordar~ce with Section 18.03.090 of the Anaheim Municipal Code. 4. That prior to Mal building and zoning Inspections, subJect property shall be developed substantially in accordance with ~lans and speciflcations submitted to the City of Anaheim by the petitioner and whtch pix~s ,~re ar. N!e wfth the Planning Department marked ExhibR Nos. 1 through 9. 5. That approval of this application constitutes approval of the proposed request only to the extent that R complies wRh the Anaheim Municipal Zoning Code and any other applicable City, State and Foderal regulations. Approval does not include any action or flndings a~ to compliance or approval of the request ~egarding any other applicable ord(nance, ragulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does he~eby ftnd and determine that acioptton of this Resolution is expressly predicated upon applicant's compliance with each and all of the condrtions herefnabove set forth. Should any such condition, or any part thereof, be declared Irnalkl or unenforceable by the ftnal Judgment of any court of competem Jurisdiction, then this Ftesolution, and any approvals herefn contained, shall be deemed nuil and void. -2- PC97-95 ~ ~ THE FOREGOING RESOLUTION was adoptetl at the Plannfng Commission meeting of July 21, 1997. , a'<%G~~ ~ -/~ G CHAlRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~ ~~~ SECRETARY, A EIM GITY PLANNiNG COMMISSION S'~ATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Margarita Sda:to, Secretary of the Anaheim Ctty Planning Commisslon, do hereby certify that the foregoing resolutian was passed and adopted at a meeting of the Anaheim Cfty Planning Commission held on July 21, 1997, by the fdlowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK BOY~STUN, BRISTOL HENNINGER, MAYER, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: CAMMISSIONERS: PERAZA IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _~~~~ 1997. /~ n l II ~ ~ \ \, n~n. ~.l SECRETARY, A EIM CITY PLANNING COMMISSION ~- PC97-95