PC 79-84RESOLUTION N0. PC79-84
RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETtTIO~d FOR VARIANLE N0. 3089 BE GRANTED
WHEREAS. the Anafieim City Planning Commission did recetve a vertfied
Petition for Variance from CARL KARCHER AND MARGARET KARCHER, 1200 North Harbor
Boulevard, Anaheim, Caiffornta 92801~ owners, and BOB HOLDEN~ 1200 North Harbor
Boulevard, Anaheim. California 92801~ agent, of certain real property situated in [he
City of Anaheim, Coun[y of Orange, State of Cal(fornia described as:
PARCEL 1: That portion of Lot 1 of Nalnut Colony Tract, in the
City of Anaheim, as shown on a map filed in book 1, page 14 of
Record of Surveys in the office of the County Recorder of Orange
County, Caltfornia described as follows: Begfnning at a point on
the center line of that certain road adJoining said Lot 7, on the
North, now known as Katella Avenue, dfstant South 89°51' 20" East
z95.00 feet fran the intersectTon of said centerline with the
Northerly prolongation of the Westerly line of said Lot 1; thence
con[inuing South 89° 51' 20" East 95.~~ fee[; thence South 0~ O1'
59" East 280.00 feet; thence North 8?° 51° 20" Nest 95.00 feet;
thence North 0° 01' S9" West 280.00 feet to thc point of
begfnnfng.
blHEREAS. the City Planntng Commission did hold a public hearing at the City
Hall in the City of Anaheim on April 23, 1979, at 1:30 p.m „ notice of said pubilc
heartng having been duly given as required by law and in accordance with the
provisions of the Anaheim Munfcfpal Lode. Chapter 18.03, to hear and consider
evidence for and a9alnst said proposed variance and to investi~ate and make findings
and recommendattons in connectton therewith; and
-rHEREAS, said Commission, after due lnsaectton, investiaation and study made
by itself and fn its behalf. and after due consideration of all evidence and reports
offered a[ sald hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the fallowing to co~struct a
freestanding sign:
SECTION 18.05.093.0241 - Naximum stgn helght.
25 eet permitted; 5Q feet proposed)
2. That the proposed waiver is hereby gran[ed on Che basis that the
exlstl~g 50-foot high pole sign was constructed prior to the present Code requirement
and that the proposal Involves replacing only the advertlsing panels; that the sign
has had no detrimental effett on the surrounding arca; and that approval shall not be
considered as estabiishing a precedent for future simllar sign height walve~s.
3. That there are exceptional or extrao~dinary circumsta~ces or conditlons
applicable [o the proper[y involved or to the Intended use of the property that do
not apply generally to the property or class of use ln the same vTclnity and zone.
PC79-84
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4, That [he requestcd v~rlance is neccssiry °•: the preservation and
enjoy~+e~~t of a substantial prepcrty rtght possesscd by other property tn the same
vicinity and zone. and dertied to the prooerty in questlon.
$. That the requested varionce wili not be materlatly detrtmental to the
public wclfare or injurfous to the property or Improvements In sucfi vicinity and zone
in Hhich the property Is located. ~`.
6. That no o~e tndicated their aresence at said aublic heari~~, Tn
opposi[ton; and that no correspondence was received in opposition to the subJect
petition.
ENVIROIIMENTAL iMPALT FINDING: The Planninq Director or his authorized
representative has determined that the proposed project falls within the defiriition ~
of Categoricai Exemptions. Class lt.~s deftned in Paragraph 2 of the City of Anahelm ~~'.,
Env(ronmentai Impact Report Guidelines and is. therefore, categorically exer~pt from
the requircment to prr.p~re an EIR.
NQ11, TNEREFORE, 8E IT RESOLVEb that the Anahel m CTty Planninq Lommlsslon
does hereby gran[ subjett Petition for Variance. upon che folla+ing conditlons whfcA
are hereby found to be a necessary prereQuisite to the oroposed use of the subJec[
property tn order to preserve the safety and eencral welfare of the Citizens of the
City of Anaheln:
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!. Th~t sLrcet ttghting .`sctltttes a1on, Casa l~lsta Street shall bc
Tnstalled prlor to the final building and zoning inspections unless othen+l5e
approved by the Oirector of Public Utilities, and in accordance wlth specifications
on file in [he Office of the D{ractor of Pubiic Utilities; and/or [hat a bond,
certificate of deposit, letter of credit, or cash. in an amounc and form sa[fsfactory
to the Ci[y of Anaheim shall Ge posted with the Lity to guarantea the instaliatlon of
Lhe above-mentioned requfrencnts.
2, Thata~subJect property shall be devetoped substantially in accorda~ce
with plans and specifications on file with the City of Analieim marked Exhtbi[ Na~
an~ 2.
3. That Condition No, t. above-mentloned, shail be complted wjth prior to
the comnencenent of the activity authortzed under this resolu[(on, or prlor [o the
time that [hc building permit is tssued~ or aithin a period of one year from date
hereof, ~rhichever occurs ftrst, or such further ttme as the Planninq Commtsslon may
grant. ~
4. That Londitlon Ho. 2, above-mentioned. shall be complTed with prlor ~
final 6uilding and zoning inspecttons.
BE IT FURTNEP. RESOLVED that the Anaheim City Planning Commission does hereby
fi~d and determ(ne that adoptton of thts Resolution is expressly predJcated upon
applicant's compliance with each and all of the co~ditions herelnabove set forth.
Should any such condition, o~ ~ny par[ thereof~ he declared invalid or unenforceable
by the ftnal judgment of any court of competent Jurisdtct(on. then ChTs Resolutlon.
anJ any approvals hereln contalned, shall be deemed null and void.
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THE FOREGOING RESOLUTION is signe~and a~ ve~i by me ihis 23rd day of
April, 197g. ~, _~ /
~AAIRA4~i; ANAHE7H CITY-PL7~11~NING COMMISSION
ATTEST:
~C.l.~..oC_~i~• ~-..
SECRETARY, ANAHEIM CITY PLANNING LOMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF AP~AHEIM )
I, Edlth L. Harris, Secretary of the Anaheim Lity Planning Commisslon, do
hereby cer[ify that the foregoing resolution was passed and adopted at a meeting of
the Anahetm City Plannfng Commission held on April 23~ 1979, by the following vote of
the members thereof:
AYES: COMMISSIONERS: OAV10, HERBST. JOHNSON, KlNG, TOLAR
ta0E5: COMMISSIONERS: BUSHORE
AE3SENT: COMHISSIONERS: BARNES
IN WITNE55 41HEREOF. I have hercunto set my hand this 23rd day of April.
1979.
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SECRETARY, ANAHEIM CI Y LANNING CQMMt5SI0N
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