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Resolution-PC 2009-110RESOLUTION NO. PC2009-110 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2009-04792 (DEV2009-00045) (1220 EAST BALL ROAD) 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 shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requests a variance to install a wall mounted sign with higher letter height than permitted by code in the I (Industrial) zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 9, 2009 at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning 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: 1. The applicant requests to deviate from the following code section to install wall- mounted channel letter signs for a lumber yard: (a) SECTION NO. 18.44.110.010.0103 Maximum letter heieht (24 inches permitted: up to 30 inches proposed.) 2. The requested variance is hereby approved, as the proposed wall sign would be appropriate for the scale and height of the building, the aggregate area of the wall sign would not exceed the maximum sign area for the building elevation and there are special circumstances applicable to the property, including the large size, depth and street frontage of the property compared to other businesses in the vicinity and the distance of the building and sign from the street and strict application of the Code would deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 1 PC2009-110 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CE A. Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Variance No. 2009- 04792 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 1 8.60.170 of the Anaheim Municipal Code. 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 part 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of sign permits for this project or installation of the sign, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOI NG RESOLUTION was adopted at the Planning Commission meeting of November 9, 2009. ATTEST: CHAIRMAN, AN H IM CITY PLANNING ING COMMI SION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC2009-110 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Grace Medina, Senior 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 November 9, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of November, 2009. SENIOR SECRETARY, ANAHEII�'CITY PLANNING COMMISSION 3 P 2 -110 EXHIBIT "A" DEV2009-00045 AP N 082-150-48 E BALL RD 1— 2 LJ Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10862 PC2009-110 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING PRIOR TO ISSUANCE OF SIGN PERMIT 1 Within a period of three (3) years from the date of this resolution, the appropriate permit(s) shall be obtained from the City of Anaheim for the approved wall sign and the sign shall be installed. Plannin 2 Subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Sign Plan) and as conditioned herein. Planning EXHIBIT "B" VARIANCE NO. 2009-04792 (DEV2009-00045) PC2009-1 1 0