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PC 84-210~~ kESOI~UTTON N0. PC84-210 :1 RGSO.L'JTION Or TH~ ANAHEIM CITY PLANNING COMMI5SION THAT PE7'TTION FOR VAKlANCE N0. 3428 I3~ GRANTED, IN PART WHEP,EAS, the Anaheim Ci.ty planning CUmmission did receive a verified Petition for Variance from RAYMONll G. 5PEHAF<, ET. AL., 6937 Avenida de uantiago, Anaheim, Califorr~.i.a, 92807, owner, and GUS CHRTSTOPOfJLOS AI3D JUAITH MARI1~ CHR:iSTQPOULOS, 5750 East La P~~1ma Avenue, Anaheim, California 97.$07, agents for certai.n real property situated in the City ~E Anaheim, Caunty ~f ~ranye~ State of Ca.lifor.nia desrribed as: P.~RCEI~ 1, TN THE CITY UF ADIAHE:[M, CQUNTY OF ORANGE, STATE; OF CALIFORNIA~ A5 SHOWN CN A E~ARCEL MAP P,E~ORDGD TN BOOK 75, PAGE 73 OE PARCEI, MA~'S, IN THE QFFICE OF THE COUNTY R~CORDER OF SAID COUN7'Y. WHEREAS, the City Planning Commission did hcld a~u~alic heari.ng aL the Civic Center in the City oF knaheim on October 1, 198~, at 1:30 p.m., notice of said puhlic hearing having been duly given as required by Zaw and in accordance wiL•h th~ ~rovisians of ttie Anah~im Municipal Cade, Chapt~r ~8.03, to hear arid consider evidence Eor. and against said proposed variance and to investigate and make finding~ and recommandati,~ns in ~onnection therewith; said public hearing having been continued to the i~~~eting of October 15, 1984; and WHEItk;AS, said Commissi.on, after due inspection, investiqation and study made by itself and in its behalf, and after due consideration of a11 evidence and reports offered at said hearing, does find and determine the Following facts: 1. 'rhat the petitioner proposes waivers of the €~llowing ka er~ct four (4j wall ~~gns: (a) SECTIONS 18.05.U91.02Q - Perrnitted number of. wall signs. AND 18.84.062.040 (1 wall sign permitted; 5 wa].1 siQns ~roposed? ~ ~:,~. (b) SECTI~NS 18.05.091..052 - Prohibited siyn liqhtina. AND 18.l~A.062.040 (sign lighting not permitted between midnight and 6:30 a.m.; dusk t~ dawn liqhtin~ prop~sed) ~:. 2. That the above-menti.oned wai.ver (a) is herehx granted, in part, tU permit two (2) wa11 signs consisting of ~ne (1) wrap-around type sign on the nor~hwest corner o~' the building and allowing the existing wall sign to remain on the south si.de of the building; and, in addition, that the word "restau:ant" shall be addeci to the existinq wa11 sign on the south side ~f. the building; and furrhermr,,re that said waivers (a) and (b) are hereby granted on the basis tt,at there are special circumstances applirable to the property ~ucti as s.ize, shape, topogcaphy, location and surcoundings which da not apply to other identically zr~ned proper.ty in the same vicinity; and that strict application of the Zoning Code cleprive~ ~he property of privileqes en;~oyed -~y athNr properties in the identical zonp an~ classifica~ion in the vicini~y and subjecL to Interdepa:tmental Committee recommendations. #0342r PCB~-210 .,. ~ ~ ~ 3, That the two existi.ng "dir.ectional" wa].l signs :labelled "Restaurant" and "Cocktails" shall be removed. 4. Th~t ther.~ are except.ional or extraordi~lary circumstances or candi~ions applicabl~ to the pr.operty involved or to thP int.ended use of the propert,y that cio not apply yenecal.l.y to the pr.~perty or ~~lass of use in the same vicin.iky and zone. 5. That th~ reyuesi~ed vari~nce, as grar~ted, is necessary for the preservation and enjoyment of a sub~tantial pro~er.ty r.igt7t pos~cUsed by other. property in the same vicinity and 2one, and den.ied to the pzoperty in question. 6. 'Phat the requc~sted variance, as grante~, will not be materially detrimental to the puhlic welfare ur injurious to i:he property or improvements in such vicinity and zone in which tr-e pr.operty is lacated. 7. That no one indicated their presence at said public hearing in oppositi~n; and that no correspondence was received in opposition to subjtct p~tition. E;NVIRO~IMENTAL IMI~ACT E'INDING: Th~ Flanning Dfr~ctor or hi~ authorized representative has determined that the praposPd project f.a12: within the de~in~tion o£ Categorical F~emption~, C.lass 11, as defxned in the State EIR ~•uidelines and is, therefore, categoi~ically exempt from the requirement to prepare an EIR. N~W, THLREFORE, BE I'r' RESOLVF'D that the A~~aheim City Planning Commissian does hereby granr su~ject Petition for Variance, upon *_he fol].owing conditions which are her~by found to be a neceysary grerequisite to i:he proposed use of the subject property in or.der to preserv~ the s~fety and ~eneral welf•ar~ of the Citizens of the Ci.ty of Anaheim: ].. That subject prcperty shall be developed subsi:antially :in accordai~ce with p].ans and specifications on file with the City of l~nat~eim marked Exhibit Nos. 1 and 2; ~rnvided, however, that nnly two (2) wa11 signs shall be permitteci as follows: (a? One pro~ose~i wrap-arouncl siyn on the nori:hwest cornez o£ the building; and (b) One existing ~rall sign on the sauth sidP of the bui.lding labellsc9 "Kenas" with l-.he additional wocd "Restaurant". 2e That prioc to final bui].ding and zoning inspec~ions~ Condition Nn. 1, ~bove-mention~d, shall be compli.eG with. F3E IT FURTHER ~ES~LVED that the Anaheim City Planning ~ommission does hereby find and determine that adoption af l:his Resolution is expressly predicated upon applicant'~ compliance with each and all of the conditions hereinabove set forth. Shois'd any su~~h condition, or any part thereof, be declaced invalid or unenF;rc:eable by ti,~~ final judgme~~i of any court of competent jurisdiction, then Chi.s Resolut_ ~, and any approvals herein cnntained, shall be deemeci nul]. and void. -2- L ~ i ~'+~~'i'~i.i~~ ~ •M 1x.5~.; .+lK 7..4 . PC84-210 ~r1 vill~~ ~ilr~i ~ ~~ ~ x'HE FUREGOING IZESQLUTIOiV is :~igned and appruved y_me~ is ].5th day of October, ].984. / , . `~-'~~ r .. .__ ' . ...`` ~~ • ~ n / ~ \' •' / e ~' C ~~ ~~! C1 ~~'s~-T-'~~AHErM;- CT' PLANNING COMMISSlON ATTEST; . ~ ~~.~._. SECRETA Y, ANAIiEIM CITY PLANNING CUMMISSI02~ STATE OF CALIFORNIA ) COUNTY UF ORANGE ) ss. CTTY UF ANAHEIM j jr Edikh L. fiarris, Secretary of the Anaheim City Flanning Co~mission, do hereby certify thah the foregoing reNoiution was passed and adopte~ at a meeting oF the Anaheim City Planning Cemmission held on October 15, 1984,. by the followiny vote of the members thereo£: AYES: COMMISSIONERS: BUSHORE, FkY, HERBST, KINC, LA CLAIRE, NOES: COMMISSIONERS: NONE ABS~NT: COMMTSSIONERS: BOUAS, MC BURNEY IN WITNES~ WE3EREOF, I Have hereunto set my hand this 15th day of October, 1984. ~L~C..~_ ~ 1~•+~ --A. SECl2ETARY, ANAFiEIM CITY PLANr1ING COMMISSION ~~~._ ~; ; ,. v "' ~' ' .ti. ~,~ ~ "3' PC3~l-210 ~