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Resolution-PC 93-137RE ~~UTIO~NO. PC93-13Z A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOP VARIANCE NO. 4239 BE GRANTEA WHEREAS, the Anaheim City Planning Commisslon did recefve a verified Petitfon for Variance for ce-taln real property situatad In the City af AnPhefm, Counry of Orange, Stata oi Cali(omla described as: PARCEL 3 OF PARCEL MAP N0. 92-172 !N TWE CITY OF ANAHEIM, COUNTY OF ORANGE, S7ATE 0~ CALIFORNIA, AS PER MAP FILED IN BOOK 2i7, (~AC3ES 1 THWGUGH 3 OF PARCEL MAPS, IN THE OFFICE OF THE CnUNTY RECQRDER OF SAID COUNTY. WHEREAS, the City Pianning Commission did I~old a public hearing at che Clvic Center Iri the City of Anaholm on December 13, 1993, at 1:30 p.m., notice of said public hasring having bean duly given as required by law and In accordance wlth ihe provisfone of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and agafnst sald propossd varlance arui to investigeta end make f(ndings and recomm~ndations in co~mection therewfth; and WHEREAS, sald Commisalon, nfter due inspection, Investlgatlon ancl study made by Itself and in ks behalf, end aker duo consideration of all evldenco and reports oNered at safd hearing, does iind and detemdne the tollowing facts; t. That the petEtloner proposes walvers of the toilowing to constn~ct four (4) wall slgns in conJunctfon with a prevlously-approved car wash ~ecility: $ections t8.05.091.0~,Q - M~ximum aumber of wail sians. and 18.84.Of2.040 t1 wa;l slan permitted in commerclal zonea In the Soenfc CoMdor; II s an exfsting; ,'{~ddhiunA a11 sions proposed) 2. That there era speclal circumstences appiiceble tu the property conalating of ahepe, topog~aphy and locatlon, whfch do not apply to other fdentlcHlly zoned propertles in the vicinity because sub~ect p~+rc~l Is irregularly shaped and there is a prede dHferentfel betwoen tho property and Weir Canyon Fioad which Iimlie visibiliry to the car wash; 3. That strict appllcation of tho Zoning Code dep~ives the prop~rty of privfle~es en)oyed by other propo-ties under ldontical zoning classMfcation In the vicinity; 4. That approvai of subject proposal inr,ludes deietlon of the proposed logo on the canopy fecinp Crystal Drlve, thereby reiefning only the Iettorfng which re~ds "hgnd car wash'; and 5. That no one IndicAted thelr preaence at aefd public !~earing In c+ppositian; and that no conespandence was recelved in oppositfon to sub~ect petitfon. ~ALIFORNIA ENVIRt~NM PJF~,TAI._f1UAL17Y A'~T FINDiNa: The Planning Director or his authorfzetl representative has determtned that the propused proJect fails wMhin the deMklon of Cetegorical Exempttons, Clnes 1 t, as delined In the Stete EIR Guidel{nes and Is, thereFore, cateqo~ically expmpt from the requfrement to prepare cn EIR. ra~~'t CR1968M8.wp -t. PC93•137 NOW, THEREFORE, BE IT RESOLVED that the Anahe(m City Plenninp Co-nmission doea hereby grant subJect PetRlon for Varience, upon tho following conditlona whtch are heraby iound to be a necHSSary prerequlaRe to the proposed use of the subJect property in order to preserve tho safary and general welfcire of the Cftizens of the City of Anahoim: t. That subjeot property shall be developed substantially In eccordance with pians and speclficatlons submitted to the Ciry of Anaheim by the petftloner and wt~ich pians ure on flle wkh the Plannlnfl Department merked Exhibit Nos. 1 through 3; proy!~ed, howover, that the checkered ila~ logo ahall be left off the canopy tacing CrystAl Drive ar~a that the remaining lottering ahall be Iimked to "hand car wash." 2. Thet within a perlad of one (1) yeRr from the date of this resolution, Condition rJo. 1, abovo-mentionod, shall bs compll~d wfth. Extensfons for further time to cAmplete sald condklons may bg granted in accordance wfth Section 18.03.090 af the Anahefm Munlcipal Code. 3. That approval of thfs application constitutes approvol of the proposed requeat only to the extent that it complies wtth the Anaheim Municipal Zoning Code and any othar epplicablo Clty, State and FAderal regulatl~ns. Approval doos not Inciude any actfon or findings as to compliance or appraval ot tha request regarding any other applicable ordlnAnce, regulat(on or requirement. Bk IT I~lli~THER RESOWEO that tlie Anahefm City Planning Commisslon does hereby iind pnd determfne that adoptlon of this Resolutlon is expressly predfcated upon eppllcant's compllence wfth each and all of the condltions herelnabuve set tonh. Should any such conditlon, or any part thersof, be declared Invalld or unenforceable by the final judgment of eny court of c~mpetent Ju-Isdiction, then this Resolutfon, and any approvels herein contained, shall be deemed null and vofd. THE FOREGOING RESOLUYION was adopted at the Plannin Commisalon meeting of December 13, 1993. •__~~i~ '? CHAIFiMAN, A AHEIM CITY P NING COMMI3SION ATTEST: ~ 'CFtETARY, A AHVP.1l CITY PLANNING COMMIS3IAN STATE OF (:ALIFURNIA ) COUMTY OF ORANC'c ) ss. CIT/ OF ANAHEIM ) I, Janet L Jensen, Secrotery oi the Anahefm City Planning Commisalon, do hereby certHy I that the foregoing rosolution was passed and adopted at a meet(ng of the Anahafm Cky Planning Commisslon held on December 13, 1993, by the foliowing vote of the members theroof: '`~;,,k AYES: ~COMMISSIONER.^+: SOYDSTUN, HENNINC,tiER, MAYER, ME3SE, PERAZA, TAIT ~~' NOES: COMMISSIONERS: NON[ ABSENT: COMMISSIONFAS: CALDWELl. IN WiTNESS WHEREOF, I have hereunto set my har~d this/,L.t.~da;~ :,f ,1 f~d:y ~ I ,~ .~ ! . CRETARY, ANA M CITY PLANNINa COMMI3SION -2• PC93-137