Resolution-PC 99-159RESOLUTION NO. PC99-159
A RESOLU`'I~N OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FU4 VARIANCE NO. 4371 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHGWN ON A MAP FILED IN BOOK 50, PAGE 36, OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 13, 1999, 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 the Anaheim Municipai Code,
Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and that said hearing was continued
from the August 16, 9999 Planning Commission meeting; 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 following facts:
That the petitioner proposes waiver of the foilowing to permit one wall sign:
Sections 18.05.091.020 - Permitted wall siQns.
and 18.84.062.040 (maximum 1 wall siqn permitted for each individual
building unit in the Scenic Corridor Zone Overlay;
3 sians proposed)
2. That the above-mentioned waiver is hereby denied on basis that there are no special
circumstances applicable to the propert~~ such as size, shape, topography, location or surroundings which
c!o not apply to other identically zoned property in the same vicinity.
3. That there are no special circumstances applicable to this property or to the specific
building unit for which this waiver is proposed; and that the proposed wall sign is for an "unmanned" ATM
(automatic teller machine) which is inside the grocery store and is not a full service banking facility.
4. That strict anplication of the Zoning Code does not deprive this property and specific
tenant of priviieges enjoyed by other properties under identical zoning classification in the vicin:ty
because the majoriry of unmanned ATMs inside grocery stores in the same zoning category and vicinity
do not have separake identification signs.
5. That there are no exceptionai or extraordinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply generatly to the property or
class of use in the sartie vicinity and zor.e.
6. That the requested variance is not nacessary for the preservation and enjoyment of a
s~bstantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR 3739PK.DOC -1- PC99-159
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director ar his
authorizec`~ representative h2s determined that the proposed project falls within the definition of
C~tegorical Exemptions, Class 11, as defined in the State of Califomia Environmental Impact Report
(EIR) Guiclelines and is, the~efore, ca#egoricaily exempt frvm the reQuirement to prepare an tlR.
NOW, THEREFCRE, 9F.1T F2E a~L;~ED that the Anaheim City Planning Comm(ssion
does hereby deny subject Petition i`er Veriance:
THE FOREGOING RtSULU~'10~ was adopted at the Planning Commission meeting of
September 13, 1999.
:J~~.~~ ~/~,-~~'~"~,~.,.~
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
_______,~~GL~u'G~/ ~Q/~.t.~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEINi )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 13, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: B08TWICK, BOYDSTUP:, K~OS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT
-~~~~,._ 1,.,,1~1 WITNESS WHEREOF, I have hereunto set my hand this ,~~ day of
'/I/I.K~ZIC~ , 1999.
`~~~~l~l~'
SECRETARY, AHEIM CITY PLANNING COMMISSION
CR3739PK.DOC -2- PC99-1S9