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Resolution-PC 2009-021RESOLUTION NO. PC2009-021 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING A CLASS 1 CATEGORICAL EXEMPTION AND DENYING CONDITIONAL USE PBRMIT NO. 2008-05369 AND VARIANCE NO. 2009-04771 (1380 SOUT`H SANDERSON STREET) WHEREAS, the Anaheim Ciry Planning Commission did receive verified PeCiYions for a Conditional Llse Permit and Variance to construct a 65-fooC high freeway- oriented, freestanding readerboard sign for an existing basiness school, subject to, and dependent upon, approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business schools, on certain real property situated in the City of Anaheim, County pf Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; WHEREA3, the property proposed for the 65-foot high freeway-oriented, freestanding readerboard sign for an existing business scbool is aunently developed with a 19,000 square foot commercial building locaCed in the General Commercial (GG) zone and the property is designated as General Commercial on the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim o~ February 18, 2009, at 2:30 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, Co hear and consider evidence for and against said proposed condiCional use pernut and Co inveshigate and make findiogs and recommendations in connection t6erewith; and WHEREAS, said Commission, after due inspecCion, investigaCion and study made by itself and in ~ts behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit to construct a 65-foot high freeway-oriented, freestanding readerboard sign for an existing busi~ess school, does find and determine the following facts: L That a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school in the General Commercial (C-G) zane is not properly one for wtrich a conditional use pemut is authorized by Anaheim M~nicipal Code and that the Planning Commission has denied the applicant's request for approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business schools. 2. That a 65-foot high freeway-oriented, freestanding readerboard sig~ for an existing business schoo] would adversely affect the adjoining commercial land uses and the growih and development of the area in which it is proposed to be located because the need for freeway-oriented, changeable copy signs for business schools has not been demonstrated to be apparent or appropriate. FurCher, Yhere is adeqnate signage for the business school as the property is currently improved with a 45-foot high legal nonconforming freestanding pole sign - 1 - PC20D9-021 with adequate freeway visibility and larger and taller signage wQUld not be needed to advertise the business. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public withoot the need for a 65-foot tall freeway-oriented, freestanding readerboard sign. 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the signage request would not further increase traffic levels in the area. WHEItEAS, said Commission dues further find and deternune that the request for a variance of the following Code Seetions to constmct a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school should be denied for the following reasons: (a) 3ECTION NO. 18.44100.030.0301 Ma~cimum size of a freewav-oriented si n(]08 square feet pezmitted; 150 square feet proposed) (b) SECTION NO. 18.44.100.030.0302 Maximum height of a freewav-oriented sien (30 feet pemutted; 65 feet proposed) 1. That the requested waivers are hereby denied because the size, shape, and topography of this property nor any physical hardships or special circumstances are applicable to t1~is property which would justify approval of a deviation fxom Che developmenC sYandards regulating maximum sign freestanding height and area. The properCy is relatively flat. It is located 20 feet below the grade of the freeway; however the existing 45-foot [all sign is visible from the freeway and a 30-foot tall sign with a 108 square foot copy area would also be visible from the freeway. 2. That no one indicated their prese~ce at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within Yhe dafiniCion of CaYegorical ExempCions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmenta] docamentation. I~OW, THEREFORE, BE IT RESOI,VF,D thaC the Anaheim Planning Commission does hereby deny Conditional Use Permit No. 3008-05369 and Variance No. 2009- 04771. - 2 - PC2009-021 BE IT FURTHER RESOLVED that the applicant is responsibie for paying all cbarges related to the processing of this discreCionary case application witt3in 15 days of Che issuance of the final invoice. Failure Yo pay all charges shall result in delays in the issuance of required pemrits or the revocation of the approval of this applica6on. THE FOREGOING RBSOLUT[ON was adopted at the Planning Commission meeting of February 18, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - Ge~eral" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in thq event of an appeal. CHAIK~MAI+~, ANAHEIM PLANNANG COMIC4ISSION ATTEST: SENIOR S~IZ'ETARY, ANAHEIM PLANNING CQMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the A~aheim 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 February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMiSSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1~~ day of March, 2009. ARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-021 EXHIBIT "A" CONpITIONAL i7SE PERMI7' NO. 2008-05369 - 4 - PC2009-021