PC 78-158(
t '
RESOLUTION N0. PC 78-158
A RESOLU710N OF 7HE A~JAHEIM CITY PLANNING C011MISSION
THAT PETITION FOR VARIANCE N0. 3013 BE GRANTED, IN PART
WHEREAS~ the Anahelm City Plannin9 Cartunission did recelve a veriffed
Petitlon for Varlance from R09ERT A. AND ROSEMARIE SMITH, 13729 Rosecrans, Santa Fe
Springs, Cal(fornla 90670. owners, and AMOS JOHNSTONE~ 1140 Nest Hampshire, Anahelm,
California 92802. agent, of certatn real property situated in the City of Anaheim,
County of Orange. State of California described as:
PARCELS 1 AND 2, (N TNE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 60 PAGE 5 OF PARCEL
MAPS, IN THE OFFICE OF YHE COUNTY RECORDER OF SAID COUNTY.
I~M EREAS~ the City Planning Commisslon did schedule a public hearing at the
City Hall in the City of Anahelm on May 22, 1978~ at 1:30 p.m., notice of said public
hearing having been duly given as required by law and tn accordance with the
provisions of the Anaheim Municipal Code, Chapter i8.03. to hear and consider
evidence for and against said proposed variance and to investlgate and make findings
and recomrnendations in connectlon therewi[h; said public hearing having been
continued to the Planning Cotr~rnisslon meetTng of July 17~ 1978~ and
WHEREAS~ said Commisslon, after due inspection. investigatton and study made
by itself and in its behalf~ and after due consideration of all evidence and reporCs
offered at said hearing, dces find and determine the folloWing facts:
1. That the petlttoner proposes a waiver of the followfng to construct a
free-standing sign:
(a) SECTION 18.05.093.~23 ~ Permitted location of a free-standing stgn
(b) SECTION 18,05.~93.241 - Maxlmum hei ht of free-standln sT n.
7 eet permitted at 3 0 eet rom
a res~~enttat structure;
35 feet proposed)
(c) SECTION 18.05. 098.011 - Maxlmum area of free-standing sTgn.
2. That walvers (a) and (c) are hereby denled on the basis that subsequent
to advertisements of the public hearTng, the petitio~er submitted revised plans
deleting the need for said watvers.
3. That Nalver (b) ls hereby granted on the basis that although the
property to the west ls developed with a single-family resTdence in the RS-A-43,000
(Residentlal/Agricultural) 2one, it has a resolution of Tntent to ML (Industrlal.
Limited) and the residential use ls not permanent; that the helght of the proposed
slgn wlll have no adverse effect on the exlsting structure; that the moblle home park
developed to the east was required to construct a sound attenuatlon wall along said
Sunkist street and said wall will obstruct the vieH of proposed sign; and that the
additional sign height is necessary for visibilTiy from the feeeway.
3. That there are exceptional or extraordina~y circumstances or conditions
applicable to the property Involved or to the intended use, as granted~ of the
PC78-158
property that do not apply generally to the property or class of use in the same
vici~ity and zone.
4. Tha2 the requested variance. as granted~ Ts necessary for the
preservatlon and enJoyment of a substantial prope~ty right possessed by other
property in the same vTcinlty and zone, and denied to the property in question.
5. That the requested vartance, as granted~ will not bc materially
detrimental to the public welfare or inJurious [o the property or improvements in
such vicinity and zone in which the property ts located.
6, That no one indlCated their presence at saTd public hearTng in
opposition; and that no correspondence was receTved Tn oppositlon to the subJect
petltlon.
ENVIRONMENTAL IMPACT FINOING: The Planning Director or his au[horized
representative has determined that the proposed proJect falls aTthin the definition
of Categorical Exemptions~ Class 11. as defined in Paragraph L of the CTty of Anaheim
Envtronmentat Impact Report Guidelines and Is, therefore. c%.tegorically exempt from
the requlrement to prepare an EIR.
NOW, THEREFORE, BE ~T RESOLVED that the Anaheim Ctty Pla~ning Commisslon
does hereby gran~in part,subJect Petitlon for Yartance~ 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 CitTzens
of the City of Anahetm:
1, That subJect prooerty shall be developed substantially Tn accordance
with plans and specificatTons on file wTth the City of Anaheim marked Exhibit Nos. 1
and 2.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cortmisslon does hereby
ftr.d ar,d deiermtrte LhaL adopttan of ihis trsolvilan Is cr.pressly predlcated upon
applicant~s compilance with each and aTl of the condFtlons herelnabove set forth.
Should any such condition. or any part thereof, be deciared invalid or unenforceable
by the flnal judgment of any court of competent Jurisdlction~ then this Resolution,
and any approvals hereTn contatned~ shall be deemed null and votd,
1978.
THE FOREGOING RESOLUTION is stgned and approved by me this 17th day of July,
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CHAIRMAN PR~ TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST;
~,~.~ .~.° ~,.~
SECRETAR ~ ANAHEIM CITY PLANNING COMM~SSION
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{ ~
;,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Edith L. Harris, Secretary of the Anahelm City Planning Commission. do
hereby certify that the foregoing resolution Mas passed and adopted at a meeting of
the Mahet:n Ctty Plannfng CornnTssion held on July 17. 1978~ at 1:30 p,m.,by the
follo+,rtng vote of the members thereof:
AYES: COMMISSIONERS: BARNES. DAV10~ JOHNSON~ KING~ LINN~ TOLAR
NOES: COMMISSIGNERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN NITNE~S IdHEREOF~ 1 have hcreunto set my hand thls 17th day of July~ 1q78.
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SECRETAR ~ ANAHEIM LITY PLANHIHG COMMISSTON
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