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PC 82-223 RESOLUTION NO. PC82- 223 A RF.SOLtJT20N OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3311 IIE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ALFRED A. HOLVE & SONS, INC., P, O. BOX 416, Lindsay, California 93247, owner, and DSNNIS STRICKBINE, 1723 T~est Katella Avenue, Anaheim, California 92804, agent of certain real property situated in the City of Anaheim, County of Orange, State of Cal?forni.a described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 F1EST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA , AS THE SOUTHEAST ~UARTER OF SAID SECTION 20 IS SHOWN ON A MAP FIL?'D IN BOOK 17 PAGE 27, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINN2NG AT THE SOUTFIEAST CORNER QF SAID SECTION :'.0; THENCE WEST 678.9 FEET TO A POINT 20 INCHES EAST OF THE SOUTH END OF CEMENT PIPE LINE SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE I,AND DESCRIBED IN DEED TO OTTO F. SCHROEDER, RECORDER MAY 26, 1914 IN BOOK 248 PAGE 355, OF DEEDS OF SAID COUNTY; THENCE NORTH 676 FEET TO A POINT ON THE SOUTH LIN~ OF THE LAND DESCRIgED IN DEED TO D. W, g~ RECORDED SEPTEMHER 5, 1890 IN HOOK 8 PAGE 184, OF DEEDS OF SA:D COUNTY, AT THE NORTHEAST CORNER OF CEMENT WATER BOX; THENCE EAST 678.9 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE SOUTH 676 FEET TO THE POINT OF BEGINNING. EXCEPT THOuE PORTIONS INCLUDED IN TRACT NO. 2176, AS PER MAF RECORDED IN BOOK 59 PAGES 34 AND 35, OF MZSCELZ~ANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ItJCLUDED IN TRACT NO. 2217, AS PER MAP RECORDED IN BOOK 61 PAGES 30 AND 31, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WEIEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on December 13, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WliEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: #0379I PC82-223 r, 1. That the petitioner propos~:s waivers of the following to permit a roof sign: (a) SECTION 18.05.093.033 - Permitted location of roof sign. (88 feet from west property line required; 44 feet proposed) (b) SECTION 18.05.093.0331 - Minimum distance between signs (300 feet required between roof and freestandins signs; 60 and 228 feet proposed) (c) SECTION 18.05.093.0341 - Maximum heiqht of illuminated roof sign (25 feet permitted; 30 1/2 feet proposed) '------ Z• That the above-mentioned waivers are hereby granted on the basis tliat the petitioner demonstrated that a hardship exists due to the obscurity of the restaurant which is substantially setback from Katella Avenue and that this proposal would not be detrimental to any of the surroundinq progerties. 3• That there are exceptional or extraordinary circumstances or conditions applicab2e 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. 4• That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by ~ther property in the same vicinity and zone, and denied to the property in question. 5• That the requested variance 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 located. 6• That no one indicated their presence at said public hearing in oppoaition; and that no correspondence was received in opposftion to subject petition. ENI7IRONMENTAI, =MpACT FINDING: The Planning Director or his authorized representative has determined that the propoaed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt Erom the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions whi~h are hereby found to be a necessary prerequisite to the proposed use af the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director op Public S~or.ks. -9- ~ PC82-223 r^, ~ 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked' Exhibit Nos• 1 and 2. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final buildinq and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the cunditions 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 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is siqned and approved by me this 13th day of December, 1982. C A R1~ , ANAH CITY ING COMMISSION ATTE S CRETARY PRO TEMPORE pIVAHEIM CITY PLANNING COMMISSION STATE OF CAI,IFORNIA ) COUNTY ~F ORANGE ) ss• CZTY OF ANAHEIM ) I, Pamela Starnes, Secretary Pro Tempore of the Ansheim City Planning Commissior,, do hereby certify ±hat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 13, 1982, by the following vote of the members there of: pygg; COMMISSIONERS: HOUAS, BUSHORE, FRY, HERSST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN ~TNESS WHEREOF, Z have hereunto set my hand this 13th day of December, 1982• _' ~ ~ ~i~ i.~~ SECRETARY PRO TEMPOR~ ANAHEIM CITY PLANNING COMMISSION -3- PC82-223