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PC 82-126,.._. RESOLUTION N0. PC82-126 A RESOLUTIOt~ OF TIIE AtdAHEIM ClTY PLNW~aI'dG COM!11SSION APPROVIWG, IN PART, THE REQUEST TO DELETE CONDITIO~! NUMBf_RS 1, 2 AND 3 OF RESOLUTIO~~ iJO. PC82-~E3, I~J CO~UECTION IJITH VARIAI~CE N0. 3257 WfIEREAS, the petitioner lias submitted a request for ~n amendment to the conditions of approval contained in Planning Commission Resolution tdo. PC82-43 adopted tn connection with Variance No. 3257, whicli was granted by the Planning Commission on March 27., ty32, to ~aaive permitted outdoor advr.rtising and location of a freestanding sign to retain outdoor display of flowers and an existing freestanding sign (waiver of permitted location of freestanding sign denied) on a rectangularly- shaped parcel of land consisting of approximately 0.3 acre, having a frontage of approximately 100 feet on the west side of Harbor f3oulevard, having maximum depth of approximately 150 feet and being located approximately 450 feet north of the centerline of Romneya Drive (1239 Nortli 1larbor Boulevard - Rustic Fiowers); and W{1EREA5, the petitioner has requested deletion of the followin9 conditions contained in the above-referenced resolution: "1. That the appropriate water assessment fees as determined by ttie Office of Uti 1 ities General Manager sl~all I~e pai~1 to the City of Anaheim. 2. That tfie owner(s) of subject property shall pay te the City of Anahetm a fee, in an amount as determined by the City Council, for street lighting along Harbor [ioulr.vard. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Councii, for tree ptanting purposes along Hari~or Boulevard." WfiEREAS, the Anaheim City Planning Commission d(d hold a publtc hearing at the Civic Center in the City of Anaheim on JUne 28, ig32, at 1:?0 P.M,~ notice of said public hearing having been duly given as required by la~v and in accordance with the provisions of the Anatieim Municipai Code, to hear and consider evidence for and against said proposal to delete the above-mentioned conditions of approval of Variance No, 3257, and to investigate and make findings and recommendations in connection therewith; and 1. That no one indicated their presence at said public hearing in opposition; and that no correspondence u+as received in opposttion to the subject request. 2. That the Commisston could not find justificatior. for the deletion of above-mentioned Conditiurt Nos, 1 and 3 on the basis that the owners of all other properties in the City of Anaheim are required, u~~der similiar ctrcumstances and in connection witfi zoning petitions to pay for said improvements. 3. That the Commisston did find justification for the deletion at thts time of the above-mentioned Condition No. 2 as pertalns to the payment of street l ighting fees along fiarbor tioulevard. A1 t}iougli payment of said fee lias been deleted at this tine and in connection with subject varianca, said fr..e ~aill become due and payable whenever any building permits are sought to expand tlie existing building. PC82-126 ,--. EIJVIROWt4ENTAL I;IPACT FINDIPJG : The Planning Director or his authorized represen[ative has determined that the proposed project falls ~oithin the definition of Categoricai Exemptions, Class 21 on March 22, 1~82, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THcREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does liereby deny the deletion of Condition Nos. 1 and 3 uf Resolution No. PC~2-4$, and that tlie conditions shall remain as originally approved and must he complied with; and BE IT FURTHER RESOLVED THAT TFIE Anaheim City Planning Commission does hereby approve deletion of Condition No. 2 of Resolution No. PCa2-4~3, and thereby r~aives the requirement to pay for street lighting along Harbor Boulevar~i. THE FOREGOING RESOLUTIOfJ is signed and approved hy me this 28th d~y of June, iy82. ~~-~ ~ . ~~.~-A-- CfIA I RMAN, AFlAHE I F1 C I T" PLAI•IP~ I PJG CONM I SS I ON ATTEST: SECRETARY PRO TEMPORE A4AHE I M C I TY PLAiJN 1 NG CbMM I SS I OfJ STATE OF CALIFORNIA ) COUNTY OF ORAP7GE ) ss. CITY OF ANAHEIM ) I, Pamela H. Starnes, Secretary °ro Tempore of tlie Anaheim City Planning Commission, do hereby certify that the foregoing resolution ~ras passed and adopted at a meeting of the Analieim City Planning Commission held on June 2S, 1982, at 1:30 p.m., by the folio~aing vote of tf~e members thereof: AYES: COMMISSIONERS: BARt~ES, f30UAS~ DUSliORE, FRY, i1ERBST, KING, McBUR~IEY NOES: COMt•11SSIONERS: t~OtdE A[iSEF~T: COMMISSIONERS: NONE IN WITtdESS WHEREOF, I have hereunto set my hand this 28th day of June, 1982, :~Cf~~//f/J'JJQ~ ~tc;K[TARY PRO TEMPORE ANAHEIM CITY PLANNIPIf C~MMISSION -•2- PCa2-126