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Resolution-PC 2001-54• RESOLUTION NO. PC2001-54 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2001-04428 BE GRANTED 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: THAT PORTION OF LOTS 1 AND 2 AND THAT ONE ACRE SCHOOL LOT OF THE WALNUT COLONY TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1 PAGE 14 OF THE RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EAST OF A LINE PARALLEL WITH AND 125 FEET WESTERLY OF THE CENTERLINE OF WEST STREET AND NORTH OF A LINE PARALLEL WI7H AND 371.50 FEET SOUTH OF THE CENTERLINE OF KATELLA AVENUE. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 23, 2001, 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 Municipal 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 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: wall signs: That the petitioner proposes waiver of the following to permit finro business identification Sections 18.48.130.060.0601(d) - Permitted number of wall sipns and Sign Standard Matrix and 18.48.130.060.0604 reguirements. (maximum one business identification wall siqn per building or storefront permitted in The Anaheim ResortT"^ Specific Plan No. 92-2; finro business identification wall siqns proposed, consisting of one existing wall sign facing Katella Avenue and one proposed wall sign facing West Street) 2. That the above-mentioned waiver is hereby granted on basis that there are special circumstances applicable to the property consisting of size and location, which do not apply to other identically zoned properties in the same vicinity, because the property has frontage on two major streets (Katella Avenue and West Street); and that Code typically provides for businesses to have business identification signage visible to the adjacent street frontage by a combination of wall and freestanding monument signage oriented towards different directions of traffic flow, however, existing site constraints preclude the installation of an Anaheim Resort freestanding monument sign (the existing 5-foot wide setback area adjacent to each street frontage is not wide enough to install such a freestanding monument sign) and the existing wall sign facing Katella Avenue does not provide any business identification visible to vehicles travelling northbound on West Street. 3. That strict application of the Zoning Code would deprive the property of reasonable business identification typically enjoyed by other properties in the Anaheim Resort Specific Plan area. CR5063PK.doc -1- PC2001-54 ~ ~ 4. That the requested waiver will not be materially detrimental to the public welfare nor injurious to the property or improvements in such vicinity and zone in which the property is located. 5. That the requested waiver is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, and denied to the property in question. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The 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 of California Environmental Impact (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3. 2. That approval of this_ application_constitutes approval of the proposed requesi only to the exteni 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set fo~th. 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. THE FOREGOING RESOLUTION was adopted at the Plannin Commission meeting of April 23, 2001. n ~ /\ CHAIRPERSON, ANAHEIM ATTEST: 0 5~.~.~a--~ -~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION ING COMMISSION -2- PC2001-54 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~ , 2001. ~ s6.~-~ ,~-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-54