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Resolution-PC 2014-039RESOLUTION NO. PC2014 -039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2014 -04966 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00017) (1421 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Variance No. 2014 -04966 to permit the construction, operation and use of a new monument sign with an electronic readerboard display in conjunction with an existing church facility with a smaller setback adjacent to the ultimate street right -of -way than allowed by the Zoning Code (herein referred to as the "Proposed Project ") for that certain real property located at 1421 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, Variance No. 2014 -04966 is proposed in conjunction with a verified petition to approve Conditional Use Permit No. 2014 -05729 to permit a new monument sign with an electronic readerboard display for the Property; and WHEREAS, the Property, consisting of approximately 3.7- acres, is developed with a church. The Property is located in the T (Transition) Zone. The Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against proposed Variance No. 2014 -04966 and Conditional Use Permit No. 2014 -05729 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the 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 with respect to Variance No. 2014 -04966 to permit a new monument sign with less than the setback from the ultimate public right -of -way, as required by the Code, should be denied for the following reasons: SECTION NO. 18.44.080.090 Permitted Location of Freestanding_ or Monument Sign. (2 -feet required from the ultimate right -of- way; 1 -foot proposed from the ultimate right -of -way) - 1 - PC2014 -039 I . There are no special circumstances applicable to the Property relating to size, shape, topography, location or surroundings, which are found to exist on other property under the identical zoning classification in the vicinity of the Property. The existing landscape planter on the Property is large enough to allow construction of the proposed monument sign and provide the required two -foot setback from the ultimate right of -way in compliance with the Zoning Code; and 2. The strict application of the Zoning Code would not deprive the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity of the Property. There are no unique physical site characteristics such as topography, size, shape or location relating to this site of the proposed monument sign on the Property. Further, the existing landscape planter is large enough to allow construction of the sign in compliance with the Zoning Code and an eight -foot high monument sign over a two -foot high base would be fully visible from both directions on Ball Road. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby deny Variance No. 2014 - 04966. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals — Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. — R� PAM! CHAIR, ANAHEIM CITY P A 1NING COMMISSION ATTEST: J SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2014 -039 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -039 DEV NO. 2014-00017 �. APN: 036- 072 -27 W BEACON AVE 257.50' .50' VE W I � I � GS. I r N Op 0 CL7' 260' BALL FAD G�4 Source: Recorded Tract Maps and /or City GIS. 4 � ree; Please note the accuracy is +/- two to five feet. -4- PC2014 -039