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PC 82-48RESOLUTION fJ~, PCt32-4Si A R[SOLUTIOFI OF TIIE APJAtIEll1 CITY PLAtdNlllG COFIMISSION TfiAT PETITIOtJ FOR VARI/IIJ~E ~l0. 3257 [iE GRANTFD, IN P/1RT WHEREAS, the Anaheim City Plinning Commission did receive a verified Petition for Variance from 011ER G. BURNS, ET /1L., 123A ~lorth flarbor 8oulevard, Anaheim, California 92~301, owner, of the land referred to is situated in the State of California, County of Orange, City of Anaheim and is described as follows: THE NORTH 100 FEET OF THE SOUT}I 552 FEET OF THAT PORTIOFI QF LOT F, MILES RANCfiO, AS 511041N OtJ A P1AP RECOP,OED I~I DOOK 4, PAGE 7 OF HISCELLANEOUS MAPS, RECORDS OF ORl1PJGE COUNTY, CALIFOP.NIA, DESCRIDED !1S FOLLOIJS: DEGIt~NI1JG AT THE IIlTERSECTIOq OF THE V/EST LIWE OF SPRDP.A ROAD, AS ROAD EXISTED OP~ APRIL 2q~ 1g2q~ IJITIi THE CENTER LitlE OF ROMNEYA DRIVE; RU~~NIt~G TIiE~lCE NORTtIERLY~ ALOtJG SAID blEST LIFlE OF SPADRA ROAD 712 FEET; Tf1ENCE WESTERLY, PARALLEL 411TI1 THE NQRTfi LIPJE OF SAID LOT, 150 FEET; TfIEPJCE SOUTtIERLY, PARALLEL t•lITH SAtD WEST L1~7E OF SPADRA ROAD~ 712 FEET~ MORE OR LESS, TO SA10 CEtJTER L1~lE OF ROPINEYA DRIVE; TfIEtICE EASTERLY, ALONG SAID CENTER LIFlE OF ROMNEYA DRIVE, 150 FEET TO THE POIPlT OF DEGI~~NIt1G, WIIEREAS, the City Planning Comnission did hold a public hearing at the Civic Center in the City af Anaheim on ~tarch 22, 19$2~ at ;:30 p.m., notice of said public hearing having been duly given as required by lar~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1a.~3, to hear and consider evidence f~r and against said proposed variance and to investiaate and make find)ngs and r~carm~endatports In cannection therewith; and WHEREAS, said Commission~ after due inspection, investigation and study made by itself and in its behalf~ and after due consideration of ail evidence and reports offered at said hearin9~ does find and determine the following facts: 1• That the petitio~ier proposes a waiver of the following to retain the outdoor display of flowers and an existing free-standing sign. SECTION iS,05.064.040 - Permftted outdoor advertisinq portable outdoor advertisin devices not permitted; outdoor flower displays existing) SECTIOIJ 18,~5,093.p23 - Permitted location of frce-standinq si~ns 2. That the above-mentioned waiver (a) is hereby granted on the basis that the petitioner demonstrated that a hardship exists in that anoLher Anaheim florist is permitted to have outdoor flower displays outside the ~oalls of the building; that denial would deprive subJe~t property of a privilege being enjoyed by other property in the same zontng clascPfication; and on the Lasis that the petitioner stipulated that the outdoor displays shall be located not closer than ten (10) feet to the east property line (Harbor Sou{evard), PC82-48 ,~ ~, 3• That the above-mentioned 4~aiver (b) is hereby deiiied on the basis that the petitioner stipulated at tlie public hearing to relocaCing the free-standing signs to conform with Code requirements. !f. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use, as granted, of the property that do not apply generally to the property or class of use in the same vicinity and zone. ;. That the rer~uested variance is necessary for the preservation and enjoyment of a substantiai property right possessed by other property in the same victnity and zone, and denied to the property in question. 6. That the requested variance, as granted, o~ill not be materially detrimental to the public welfare or injur~ous to the property or improvements in such vicinity and zone in which the proper':y is lucated. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EFJVIRODIMCIdTAL IMPACT FIP~DINS: The Planning Director or his authorized representative has determined that the proposed project falls a~ithin the definition of Categorical Exemptions, Ctass 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EiR. F1041, TIiEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petition for Variance, upon the following conditions which are hereby found Yo be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anahetm: 1. That approprTate alater assessment fees as determined by the Office of Utilities Generai Manager shall be paid to the City of Anaheim. 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting atong Harbor 8oulevard, 3. That the owner(s) of subject property shali pay to the City of Anaheim a fee, in an amount as detarmined by the City Council, for tree planttng purposes along Harbor [ioulevard. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1. 5. That the owner(s) of subject property shall submit a letter requesting Lhe termination of Variance IJo. 105 ta the Planning Departrnent. 6. ihat Condition Nos. 1, 2, 3, 4, and 5 a~ove-mentioned, shall be campleted within a period of sixty (60) days from the date herein. -2- Pc82-48 QE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine tha t adoption of this Resolution is expressly predicated upon applicant's compiiance with each and all of the 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 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nuli and void. TFIE FOREGOIPlG RESOLUTIOtJ is signed and approved by me this 22nd day of March, 1982. ~~~ Cz . ~~- CtfAI RFtAN, APIAHE I M CI TY LAP1N i NG C0~1M1 SS I ON ATTESi: ~~ ,~ ~~ SECRETAFY, AIJANEIM CITY PLANtdING COMMISSIOPJ STATE 0 F CAL I FOP,N I A) COUNTY OF ORANGE ) ss. C I TY 0 F ANAHE I Pt ) I, Edith L. flarris, Secretary of the Anaheim City Pianning Commission, do hereby certify that the foregoing resolution aias passed and adopted at a meetin9 of the Anaheim City Planning Commission held on t4arch 22, 1982, by the foliowing vote of the merrbers thereof: AYES: COMh11SSI0NERS: BARNES, [30UAS, BUSHORE, FRY, HERBST, KIiJG, MC BURNEY WOES: COMt41SSI0tJ'cRS: NOfJE ABSENT: COM191 SS I ONERS : NOME Ih! WITNESS 41HEREOF, I have hereunto set my hand this 22nd day of March~ ~9a2. f~ Jw^^v ~ /~f-EiLi/ w i ~ SECRETARY, ANAHEIM CITY PLANNINf, COMMISSIOPJ -3' Pc82-48