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Resolution-PC 2002-17• RESOLUTION NO. PC2002-17 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR AMENDMENT TO VARIANCE NO. 4377 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: PARCEL 25 AS SHOWN ON THE MAP ATTACHED TO LOT LINE ADJUSTMENT NO. 295 RECORDED MAY 11, 4993 AS INSTRUMENT NO. 93-0315924 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 2002, 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: 1. That Variance No. 4377, (waiver of minimum number of parking spaces and maximum building height to construct a 4-story, 128 room hotel) was approved by the Planning Commission on August 11, 1998, under Resolution No. PC99-193; 2. That the petitioner requests the following waiver to install a primary wall sign on a previously-approved 4-story 128 room hotel: SECTION NO. 18.74.040.080 (d)6(a) Maximum letter height of primary wall sign with more than one row of letters. (18 inch letter height permitted; 36 inch letter height proposed). 3. That the above mentioned waiver is hereby granted on the basis that the property upon which the hotel is located is irregularly-shaped, and the increased letter height of the primary wall sign is appropriate to provide effective identification to the public traveling on Santa Ana Canyon Road; 4. That other businesses in the vicinity have signs located adjacent to Santa Ana Canyon Road and that strict application of the Zoning Code may deprive the hotel of privileges enjoyed by other businesses in the vicinity; 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the properiy or class of use in the same vicinity and zone; 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question; 7. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. (Tracking No. 2001-04477) 1 PC2002-17 CR5290DM.doc • ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to waive the maximum letter height of the primary wall sign with more than one row of letters for a previously-approved hotel, subject to the conditions of approval as stated in the staff report dated January 28, 2002, and does hereby find that the Negative Declaration previously approved in connection with Variance No. 4377 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Amendment to Variance No. 4377, upon the following conditions to be added to Resolution No. PC99-193, 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: 34. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner identified as Exhibits 17, 18a, 18b and 18c. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 35. That approved signage shall be maintained in a"like-new" condition and refurbished as necessary. 36. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3551 (to permit a children's recreational and fitness facility) to the Zoning Division. 37. That prior to issuance of a building permit for the wall signs identified on Exhibits 17, 18a, 18b and 18c, or within a period of one (1) year from the date of this resolution, whichever occurs frs~, Condition No. 36, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension of time is requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 28, 2002. /~ ~~~ ~ CHAIRPER ON, ANAHEIM C{v PLANNING COMMISSION ATTEST: ~.~~ ~ SECRETARY, ANAHEiM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PC2002-17 ~ ~ I, Eleanor Fernandes, 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 January 28, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~ , 2002. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2002-17