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PC 78-160RESOLUTIOh N0, PC 7~~160 A RESOLUTION OF THE ANAHEIH CITY PLANNI~IG COMMISSION THAT PETITIOt~ FOR VARIANLE N0. 3~31 BE GRANTED WHEREAS, the Anaheim City Planning Canmission did recelve a verifled Petltian for Variance from BERNAR00 M. YORBA, JR., 544o East Santa Ana Canyon Road, Anahelm, California 92807, owner, and RONALD E. AILEN, 158z Parkway Loop, Sulte A, Tustln, California 92680, (agent) of certafn real property situated in the City of Anahelm, County of Orange, State of Cali`ornia descrtbed as: PARCEL 3, ~~ THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOR~IIA, A5 SHONN ON A PARCEI MAP FILED IN BOOY. 50 PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RELORDER OF SAiD COUNTY. WHEREAS, the City Pldnning Co~nission did hold a public hearing at the City Hall in the City of Anaheim on July 17, 1978, at 1:30 p.n., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Lode, Chap[er 1~.03, to hear and consider evidence for and against said proposed ~ariance and tn investlgate and make findtngs and recommendations in connection therewith; and WHEREAS, sald Commission, after due inspecttont lnvestigation and study made by Ttself and in Its behaif, and after due consideration of atl evidence and reports offered at sald hearing, d~es find and determine the following facts: i, That the petitioner proposes a ~raiver of the following to construct a free-standing ground-mounted sign; (a) SECTIOfI 18.05.~91.010 - Pcrmitted signing one s opping center identification sign permitted; onc slnqle ienant identi ication siq~ proposed (b) SECTIGN 18.05.09~•0>> - Maximum si n~is la surface. 1 dis la surface permitted; 3 proposed (c) SECTION 18.05.091.014 - Maximum siqn area) 20 s uare eet permitted; 90 square eet proposed.) 2, That the proposed waivers are hereby granted on the basis that the proposed monument sign ls visuatly iow p~ofile and has a substantial setback from Santa Ana Canyon Road; that the design of the rronument sign is in keeping wtth the design of the bullding and landscaping and that It witl be located close to the building creattng the illusion of being an integra) part of the building, ' PC78-160 ,, ;` .` 3. Tha[ the petitloner stipulated that no other tenant iden[ificatlon nor advertising than shown on the approved exhibits wlil be placed on the proposed sign and that it wiil be constructed ln ~ccordancc with the pZans and specifications submitted. 4, That the variance is 9ranted subJect to the plans and sp~cificatlons being submltted to and approved by the City Traffic Engineer to ensure that traffic visibility is not Impaired. 5. That there are exceptional or excraordinary circumstances or conditlons applicable [o the property involved or to the intended use of the property [hat do ~ot appiy generally to Che property or class of use in the same vicinity and zone, 6. That the requested varta~ce is necessary for [he preservatlon and enJoyment of a substantlal property rlght possessed by other property in the same vicinity and zone, and denied to the property in question. 7. Tha[ the requested variance wtll not be materially detrimental to the public welfare or inJurious to the property or inprovements in such vicinfty and zone in which Che property is located. 8. That no one fndicated their presence at said public heartng in opposition; and that no correspondence was received in oppositlon to the subJect pe[itton. ENVIRONMENTAL IMPACT FINDING: The Pianning Director or his authorized representattve has determ ~ed that the proposed proJect falls within the definition of Categorical Exemptions, Class il, as defined in Paragraph 2 of the City of Anaheim Environmen[al Impact Report Guidelines and is, therefore, categorically cxempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subJect Peti[ion for Variance, upon the followi~g conditlons which are hereby found to be a necessary prerequlsite to the proposed use of [he subJect property in order to preserve the safety and general welfare of the Citizens o7 the City of Anahelm: 1. That the owner(s) of subJect prope~ty shall request and be granied approval for the deletton of Conditfon No. 6 of Rasolutlon ~~o. 77R-271 approved in connection wtth Variance No, 2875, which states: "Tlwt the proposed development shall comply with all sfgnin9 requirements of the Scenic Lorridor Zone-Overlay~ as stipulated to by the petitioner." 2. That the plans a~d specifications shall be submittad to and approved by the City Traffic Engfneer. 3. That subJect property shall be developed substantially in accordance with plans and specifications on file with the City of Anahetm marked Exhibit Nos. 1 and 2, -2- Pt78-160 J 4. That Condition Nos. 1 and 2, above mentioned~ shall be tomplied with prlor to the commencement of the activity authorized undar this resolutlon, or prior to the time that the building permit Is issued~ or within a perlod of one year from date hereof~ whtchever occurs firs:, or such further time as the Planning Comm)ssion may grant. 5. That Condition No. 3~ above mentioned, shall be complied with prlor to flnal buitding a~d zoning inspectlons. BE IT fURTHER RESOLVED that the Anaheim City Planning Cortmisslon does hereby find and determine that thc adoptlon of this Resolution is expressly predtcated upon applicant's canpllance ~ith each and all of the conditions hereinabove set forth. Should any condttlon or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of cnmpetent jurtsdiction, then this Resolution, and any approvals herein contained, shalt be deemed null and void. THE FOREGOIMG RESOLUTION is signed and approved by me this 17th day of July, 1978. ~~__ .o ,B~~J CHAIRMAN PRO TEMPORE ANAHEIM CITY P~A~lN117G COMMlSSIQN ATTEST: ~Q.~.~. ,~.° ~.~.,~:. SECRET Y~ A4AHEIM CIT LANNING COHMISSION STATE Of CALifORN~A ) COU~7TY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Edith L. Harris~ Secretary of the Anaheim City Plannin9 Gommission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahetm City Planning ~ommission held on Juty 17~ 1978, at 1:30 p.m.,by the following vote of Lhe membars thereof: AYES: COMMt5510NER5: BARNES, DAVID, JOHNSON, KINC,~ LINN, TOLAR NOES: COMMt5510NER5: NODIE ABSENT: COMMISSIONERS: HERBST IN W17NESS WHEItEOF, I have hereunto set my hand this 17th day of July, tg78, ~~ ~ `~- SECRETARY~ ANAHEIM LITY PLANNING COMMISSION -3° PC79-160