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PC 78-288RESOLUTION N0. PC 78-289 A RESOLUTIO~~ OF TtiE ANAHEIM CITY PLANNIN~ CO'1MISSION TNAT PETITION FOR VARIANCE N0. 3067 BE GRAt1T[C, I~I PART WNEREAS, the Anaheim City Plannlna Comrrission did recetve a verlfled Petition for Variance from CAt7Y0t~ ?LA2A SfiOPPINr, CEFITE°., Post Office Aox 7250, Newport Beach, California g2663, owner, and JACK SRITTQt1, 69LQ Live Oak, Bell Gardens, Lalifornta ?0201, agent, of ccr[ain rea) property situated in the Ctty of Anaheim, County of Oranae, StatP of Califarnia described as: Thai portion of Lot 3 of the Dominquez Estate, in the City of Anahcin, County of Orange, Statc of Californta, as shown on a map filed in boo~: 2, page 15 of Record of Surveys in the office of the county recorder of said county, described as follows: Cormiencing at a point in [he centerline of Placentia-Yorba Road, as shown on plans enti[led "Plan and Profile of Placentia-Yorba Road", on file in the office of the County Surveyor of said county, distant thereon North 0° 2f3' 36" East, 384.41 feet from its intersection wi[h the centerline of Santa Ana Canyon Road, E0.00 fee[ wide, as shown on a map on file in said office of the County Surveyor; thence South 83° 45' S7" East, 230.63 fee[ to t~~e West line of tha[ certain parcel of land described in deed to the State of California recorded January 23, 1?53 in book 2441, page 8~; of Official Records in said office; thence North 65° 02' 0~" East, 202.07 feet to the true point of beginning; thence North ~6° 25' 25" East, 160.31 feet; thence I~orth 71° 12' 00" East. 116.Oa feet Co the Southerly corner of that certa(n parcel of land described in deed (State Paracel C2577) recorded February 27, 196~ in book 5885, page 577 of Officiai Records, in said office; thence along the Easterly line of said Lot 3, South 0° 32' 1$" Uest, F09.26 feet to a poin[ in the Northerly line of the Santa Ana Valley Irrigatlon Company Canal riaht-of-way, the centerline of which is shown on map filed in hook 4, pa9es 44 to 50 inctusive, of Record of Surveys, in said office, sa(d point being on a curve concave Northerly and havi~g a radtus of 818,20 feet; thence from a tangent bearing South 84° 20' 31" West, Nesterty along said curve through a~ angle of 22° 40' 42", an arc dtstance of 323.85 feet to the Sou[herly terminus of the Easterly line shown as "South to 50' 03" West, 257.80 feet" tn Parcel 2 of that portton of Imperial Nighway relinquished to the Lity of Anaheim (F:e1-820) by resolution of the California Highway Commission a certified copy of which resolution is recorded in book to96Q, page 47 of said Offtclal Records and as shown on map recorded May 23, 1973 in book ~, page 9, of State Highway Maps, in said office; thence along sald Easterly line of Imperial Highway North 1° 5~' 03" East, 257.b0 feet; thc~ce North 9~ 5~' 3z" Easc, 27[.~+6 feet to the true point of beginning. WHEREAS, the Clty Planning Commtssion did hotd a publtc hearing at the Ci[y Hall in the City of Anahelm on December 4, 1978. at 1:30 p.m.. no[ice of said public hearin9 having been duly given as requTred by law and in accordance with the PC78-288 provislons of thc Anahelm Municipal Codc, Chap[er i°.03, to hear and consider evidence for and against satd proposed variance and to investiga[e and make findings anJ recommendatlons in connection therewith; and WHEREAS, said Commisslon, aftcr due inspection, fnvestigation and study made by I[self and in tts behalf, and af[er duc consideration of all evidencc and reports offered at said hearing, does find and determine the followin9 facts: t, That the pecitto~er proposes a waivers of th~ following to erect shopping center identification signs: (a) SECTION__13.05.~Q1•~» ~ TShoppfnaicenter identification sign on a 30-inch hi h decora[ive wall permitted; iwo wa s gns proposed (b) SECTI01~ 1$.05.491.010 - Maximum number of sians. (c) SECTIOP! 16.05.~9~•0t~ - Maximum si n area. 20 square ee[ permitted; 5 square~eet proposed) 2. That che above-mentioned waivers (a) and (c) are hereby granted on the basis that the petitioner's agent stipula[ed that the two proposed wall signs will be constructed instead of a prevlously approved 182 square foot, 25-foo[ high free- standing sign granicd during 1?72 in connection wiCh Variancc No. 2310, and that said free-standing sign wt11 not be constructed. 3. That Che above men[loned waivcr (b} is denied on the basis that subsequent to oubllc adveritsfng, it was determined the waiver Nas unnecessary. 4. That there are excepttonal or extraordtnary circumstances or conditions applicabic to thc property involved or [o the intended use, as granted, of the propcrty that do not apply aenerally to the property or class of use in the same v(cinfty anJ zone. 5. That the requested varlance, as granted, is necessary for the preservatlon and enjoyment of a substan[ial property right possessed by other propcrty tn the same vicinity and zone, and dented to the property in question. 6. That the requested varfancc, as granted, 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 locaCed. 7, Thac one person indtcated his presence at sald publlc hearing in opposltion; and that no correspondence was received fn opposition to the subject petltion. ENVIROHMEN7AL INPACT FINDING: The Planning Director or his auihorTzed represen[ative has determ ned that the Proposed proJect falls within the definitlon of Categorlcal Exemptions, Class 11, as deflned In Paragraph 2 of the City of Anahelm Environmental impact Report Guidelines a~d is, therefore, categorically exempt from the requiremen~ to prepare an EIR. -2- Pc78-288 NOW, THEP,EFORE, BE IT RESOLVED that thc An~heim City Plannfng Carmisston does hereby grant, in part, subJect Peti[lon for V~riance, uoon the following conditions which are hereby found to be a necessary prerequisi:e [o the proposed use of [he subJect proper~y in order to preserve the safety and 9eneral welfare of the Citizens of the City of Anahcim: 1. That subJect property shall be developed substanttally in accordance with plans ar_; specificaitons on file wi[h thie City of Anaheim marked Exhibit Nos. 1 through 3. 2. That the free-standing sign approved in cannection with Variance No. 2310 shall noi be canstructed, bE IT fUP.THER RESOLVED that the Anaheim Ctty Planning Coemissfon does hereby find and determine [ha[ adoption of this Resolution is exprr_ssly predicated uQon applicant's compliance wlth each and all of the conditPons hereinabove sec forth. Should any such conditton, or any part thereof, be deci~red invaliJ or unenforceable by the final Judament of any caurt of competent Jurisdiction, [hen thts Resolutlon, and any approva~e herein contained, shall be deemed null and void. THE FOREGOING RtSOLUTIOti is stg~ed and approved by mc this lBth day of December, 1978. ~~ 1 M~Id, ANA , C iTY PLANtI f NG CO'1'~ I55ION ATTEST: `% ,/%%'j: / /~~ / ~-/ • _~ ~'1.:.,r'!~: ; jj.I t~/ 5 CRETARY PRO TEMPORE Al1AHE I h C ITY PLAt~N I NG COH'1 I SS I OH STATE OF CALIFQP,HIA ) GOUt~TY OF ORANf,E ) ss. CITY OF Al1AHEIN ) I, Pamela H. Starnes, Secrctary Pro Tanpore of the Anahetm City Planning Commission, do hereby ccrtify that thc foregoing resolution was oassed and adopted at a mecting of the Anaheim Ci[y Planning CornTission held on December 18, 1978. at 1:30 p,m., by che following votc of the members thereof: AYES: COMMISSIO~IERS: BARNES, DAVID, HERBST, KI~IG~ JOH~ISOtI NOES: COH!11SSIOt1ER5: BUSHORE ABSENT: GOMHiS510NER5: TOLAR 1 ?7f3. IN NITNESS 41HEREOF, I have hereunto set my hand [his 18Ch day of December, i~ ~~'~l/j-~?/.CC1J ~/ ~~il~? 1~'~ 5[CRETARY PRO TE"1POP,E AN.411E1'i CITY PLAt~!!!NG LOHHISSION -3- Pt78-z88