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PC 78-186RESOLUTiON f10. PC78-18G RESOLUTIO'! Of THE ANAHEIH CITY PLAIINIIIG COHMISSION TFIA7 PETITION FOR VARIANL[ N0. 3~28 BE GP.A~ITED Wt1EREA5, the Anaheim Lity Planning Commission did reccive a ver~fied Pe[ition for Variance from MOTEL 6 OF CALIFORNIA AND MAR/1NC0 tfOTELS, I~IC., 51 Hi[chcock Way, San[a Qarbara, California 93105, owners. and FEDERAL SIGN CONPAt1Y, 1100 North Hain Stree[, Los Angcles, California 9~012, agent, of certain real property situated i~ the City of Anahcim, County of Orange, State of CaliTOrnia described as: PARCEL 1: The North 162.00 fcet of [hc South 362.00 feet of the East half of [he Eas[ half of thc Sou[heast quartcr of the Southeast quarter of Sec[(on 14, Ta.rnship ~i South, Range 11 West, in the Rancho Los Coyotes, City of Anahcim, as shown an a map thereof recorded in book 51, paae 11, Miscellaneous Maps, records of said Oran9e Caunty. EXLEPT [he Eas[ GO.OQ feei thereof. PARCEL 2: Thc East 8.0~ fcet of the North 162.00 feet of the South 3G2.00 fcet o' the West half of the East half of the Southeast quarter of [he Southeast quarter of Section 14, Township 4 South, P,ange 11 Nest, in thc Rancho Los Coyotes. City of Anaheim, as shown on a map thereof recorded in book 51, pa9e 11, Miscelianeous Maps. records of said Orange Gounty. NNEREAS, the Lity Planning Commission did schedule a public hearing at Che City Hall in the Li[y of Anaheim on July 17, 1;78, at 1:30 p,m., notice of said public hearing having been duly yiven as required by law and in accordance with the provisions of tiie Anaheim hlunicfpal Code, Chapter iC.Q3, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recor.mendations in connection therewith; said public hearing having been continued ta the Planning Comnission mecting of August 14, 1?78; and WtiEREAS, said Cortnission, ~fter due inspection, investigation and study made by itself and in i[s behalf, and aft~r due consideration of al) evidence and reports offered at said hearing, does f(nd and detcrmine thc following facts: 1. That the petitioner proposes a waiver af [he following [o construct a freestarzding sign: SECTiOPJ 13,05.098 and 18.05•093.024 - Haximum heiqht of freestandinq s_~i~ 9n. 27 eet permitted; 35 feei proposed) 2. Tttat the proposed variance is hereby granted subject to the petfttoner's stipulations at the public hcaring that the sizc of the sign shall be a maximum of 245 square feei and that the maximum height shall be 35 feet in accordance with the plans submitted. 3• That the above-mentioned waiver is hereby granted cn the basis Chat a ha~dship was demonstrated in tliat adjacent prope~cy and othar properties in the immedtate vlctnity enJoy the privilege of higher signs than curren[ly allowed by PC78-186 ~ i Code, and that said signs were erected in compliance with Code at the time of cons[ruction. 4. 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 property or class of use in the same vicinity and zone. 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in thc same vicinity and zone, and denied [o [he proper[y in question. 6. That Che requested variance will not be materially detrimental to the public welfare or inJurious to che property or improvements tn such vic~nity and zone in which the property is located. 7, That no one inJicated their presence at said public hearing in opposition; and that no corresponde~ce was received in opposition to the subJect petition. ENVIRONHEt1TAL INPACT FIt~DlNG: The Planning Director or his authorized representative has determined that the proposed proJect falls within the definition of Ga[eyorical Exemptions, Class 11, as defined in Paragraph 7. of the City of Anaheim Environmental Impact Repor[ Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NON, THEREFORE, BE IT RESOLVED that the Anahcim City Planning Lommission does hereby grant subject Petition for Variance~ upon the fol~owing condition which is hereby found to be a necessary prerequisite to the proposed use of the subject property in order to prescrve the safe[y and general welfare of the Citizens of the City of Anahefm: t. That subject propercy shali be developed substantially in accordance with plans and speciFications on fite with the City of Anahaim marked Exhibit Nos. 1 Chrnugh 3, provided, hawever, that the maximum size of the sign shall be 2~+5 square feet and thc maximum height of the sign shall bc 35 feet. BE IT FURTfiEft RESOLVED that the Rnaheim Lity Pianning Comm(ssion does hereby flnd and determine that adopti~n of this Resolution is expressly predtcaLed upon applicant's compliance with each and all of Lhe 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 Jurisdic[ion, then this Resolu[ion. and any approvals herei~ con[ained. shall be deemed null and void. TIiE FOREGOIt~G RESOLUTION is signed and approved by me this 14th day of August 197~. A N. AN E Y LA IING GOMMISSIOFI ATTCST: ~",~ ,7.° ;~/~ SECRET~I~M ITY PLMlt~ItlG COMMISSIOtI _p_ PC78-186 , ~ .j -~ : ~.. ~ . STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF A~~AHEIM ) I~ Edith L. Narris, Secretary of the Anahelm Clty Flannfng Commtssion. do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Clty Ptanning Commission held on August 14, 1978, at 1:30 p.m., by the following vote af the members thereof: AYES: COMMiS510NER5: UARNES~ DAVID~ HERBST~ JOHNSON, KING, LINM NOES: COHMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR 1978. IN WITNESS WHEREOF. I havt hereunto set my hand [his 14th day of August ~~ ~ ~~ SECRETARY. ANAHEIN CITY PLANNING COMMISSION -3- Pc~s-~ sb - ~ ' ~;~ ~t..1 STATE OF CALIFORNIA COUNTY OF URANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harrls, Secreiary of the Anaheim City Plan~ing Cammission, do hereby certify that the roregoing resolut(on was passed and adopted at a meeting of the Anah~im CTty Planning Commission held on August 14~ 1978~ at 1:30 p.m., by the foilowing vate of the members thereof: AYES: COMMISSlONERS: BARNES, DAVID, HERBST, JOHNSON, KING, LINN NOES: COMMISSIONERS: NONE ABSENT: LOMMISSIONER5: TOLAR 1978. IN WITNE55 WHEREOF~ I have hereunto set my hand thts 14th day of August C:~ c~c-c~ z. ~,~R,r.L.~,.., SECRETARY, AHAHEIM CITY PLANt~ING COMMISSION -3- PC78-186