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Resolution-PC 96-87~ f ~ RESOLUTION NO. FC96-87 A RESOLUfION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDINCs CERTAIN CONDITIONS OF APPROVAL OF RES~LUTION NO. PC90-95 ADOPTED IN CONNECTION WITH CANDITIOIVAL USE PERMIT NO. 3262 WHEREAS, on AprU 23, 1990> the F~annfng Commissfon adopted Rosd!.tilon .N9. PC90-95 approving Condftionai Use PermR No. 3262 to permft a 17,890 sq.ft., 12-uni[, commercial retap ceMer an~ a car wash facqtty; and that Commission approved subsequerrt ttme extenslons for commencemerrt of the use and the last extenston expired on Ap~i 23, 1996. WHEREAS, Cond~Ion No. 23 of said Resdution No. PC90-~i requires the ProPBnY a~rrb,• to submft a comprehensive sign program for approval by the Planning Comrr~f ~ ind tfn~ two sh ppi~n9 15, 1995, Commtssion approved a sign program for subJect commerciel pr~I 9 center iderrtiHcation stgns and one on-sfte directional si9n, but that no action was taken relaifv~s to wall signage due to the incompleteness of the walt sign i~orrt~aUon submlttod at that tir~e. WHEREAS, subject property~ consistin9 of ihree commercial Parcels, is parttally dev~loped with a service station and carwash facptty In the Scen~ Corridor Zone Overlay. WHEREAS, the peticioner tu-s submicted plans ProPosi~9 weive-s d tlie fdlowing to constnnx:t a 32 sq.it. freestandic~g gasoilne prk:e sign in conJunction wfch the previo~sly a~praved reta~ center and service staUon/car wash facpity: (a) ~ecttons 18.05.091.010 - Permitted si ms tn the CL(SG) Zone. and 18.84.062.040 (Monumer~t-style `°ho~nina center lderrtNicetion' stans only peRnitted; ~rvice , ation ~~ice sfan P~oP~~I (b) Sections 18.05.91.010 - "'~~^~h~. "` ^°""med commerclal shoouina center sfans. ar,d ~a.sa.os2.040 (Maximumy~.lyr~ Permitted; .~l~~ ~o~) (c) Sections 18.05.093.0231 - M(nimum d(stance betwaen ireestandina sians. an 18.84.062.040 (300 feet required; Z60 eetf proPosed) (d) ~,ections 18.05.Og3.Q 2~ - Permitted location of freestandin~• and 18.84.06T..040 (76 feet required between sign and norih PropertY Iine~ 50 feet ProPo~) YVHEREAS, the Gty Planning Commission dfd hold a puWic hearing at the Civic Canter In the Cfty of Anaheim on Auguai 19,1996~ at 1:30 p.m., notice o6 safd publb hea~ing having been duly gNe~ as required by !sw and in accordance wRh tt-e provision,s`d ~he A''~aheim Mun~ipai Code, Chapter 18.03, to hsyar and cunstder evidence for and against said proposed amer~dment arxi to investigate and make flndings and recommendatbns in cunnect~on therewfth~ and WHEREAS~ said Comsnission~ after due inspedbn~ investig~tiQn and siudy made by itself and in Rs behalf~ and after due consideration d all evkierxe and reports affered at satd hearing~ does find and deterrr-Ine ttio fdlaxing iac:ts: 1. TF~at the previouslY ePProved c~~ash wwithh gasdine sales requ(res a pr(cing s(~n wh~h was not included in the previou.siY ePPr~+~ ~~ PfO9~= CR2718DM.WP -1- PC9fi~37 ~ ~ 2. That the pr~posed sign is compadbio wfth the two prevfously-approve~ shopping center identiflc:ation slgns and sald si9n is also conststerrt with three other servlce ssaUon signs in the suROUnding area, 3. That there is a special c(rcumstance appl~able~ to the property~ consisUng of fts size, w!'ikh does not appiY to other iderrtkally zoned properties in the viciniry because said ProPer-'ry is signiflcantly smaller than ~ther CL (SC) zoned properties in the ~iclnrcy and~ tharefore~ the stie is rastrictive in terms of poterrttal sfgn IocaUon; 4. ~t strict applipt(on of the Zoning Code deprives the property of prNne9es enjoyed by other {xoperties under identlcal zontng dassiflcatlon in the vkinity; and 5. That no one Indicated their presence at sakl publ~ hearing in oppositfon; and that no corresaondence was recelved in oppositfon to the subJect petidon• rAUFORNIA ENVIRONMENTAL QUAUTY ACT FlNDING: That the Anaheim City Planning Commission has reviewed the ProPosal a~d d°es herebY ft~ t~t the NegaWe Dedaration previously approved~ in con+~ec~(on with ~°~d~~ U~ PermR No. 3262 is adequats to serve as the required ernironmental documeMat(on ~n connedlon `~ith this re4ua~ uPon Rnding that the dedaration reflects the indeperxlerrt Judgemerrt o~ the lead agency and tt~at it has cau~dered the previously approved NegatNe Dedaratlan together with any commerrts receNed during the publ~ r'eview Proce3s a~d further flnd(ng on Yhe basls d the initlal study and any comments rece(ved that there is no substarrtial ev(dence that the projecc wAI have a signific:ant effect on the ernironment. NOW THEREFORE BE IT RESOLVED tt~at the Planning Commisslon does hereby amend ~iesolution No. PC90-95, adopted in connectbn wich'Condftional Use Permft No. 3262, to permk waNers of the fdlowing to ccrostruct a 32 sq.ft. freestand~n9 9a~ol~ne P~ ~9n in conjunction wfth a previously approved retaA cer~ter and service station/car wash facAky: (a) Sections t8.05.091.01Q - Permitted sians in the ~(~~• and 18.84.062.04Q (Monument-sQyle •^`'^^~Ina ceMer lderrtiflcation' _signs ~y ~~~~; ~..~±•~ cratton ~~ice sion proposedl (b) Sections 18.05.91.01Q - N~mber of oem-ftted comm~cial sho~ulna center sfans. and 18 84.062.040 (Maximum 2 sians PeRnitted; 3 sia~~ PraP~) (c) Sectto~~s 18.05.09~.4~ - Minfmum distance bstween n andina sians. ar,d ~s.8a.os2.oaQ (300 ~ee~ reyuired; ?~ a~o~) (d) Sections 18.05.093.0~ - Pertnltted location of freestandina sians. and 18 84.062.040 (..7~ feet required between sign and north property Itne~ ~4 ~ ProPo~1 BE IT FURTHER RESOLVED that the I~Ian~ing Commission does hereby amend the conditlor~s o# approval adopted in connection ~vnh Resdut(on No. PC90-95, as fdiows: (i) That Coridition Nos. 1 end 28 shall be modifled to read: 1. That, p~tor to the remove~ of any trees nec~ry to ~~ ~bj~ ~gn. a plars detaAtn~ such removal shail be submitted to the Zoning DNlsion fcx review and a~provel. If r-~~y trees ara removed~ thay shali be replaced elsewhere on the property on a two to one b2.+~ls (?.:1) with minimum twenty four Inch (24~ box trees oi a sfmGar variety. -2- PC96~7 ~ ~ 28. That subJect property shali be deveioped substar~tially in accordance with plans and specffications submitted to the ~ity of Anaheim by the petitioner and which plans a~e on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 5, and Exhibit Nos. 6 arxl 7. (if) That the followfng condftions shall be added: 35. That prtor to the removal o# any troes necessary to construct subJect gasol(ne price sign, a plan detail(ng such removal shall be submitted to the Zoning Divlsion for revlew and approval. If any trees are removod, they shall be roplaced elsewhere on the properry on a one to one basfs (1:1) with minlmum twenty four inch (24'~ box trees of a simpar variety. 36. ~'hat subject sign sfiall only be Alumir~ated during the hours of service station operation. 37. That prior to issuance of a building permft for the new gasoline prtr,e sfgn or within a period of one (1) year from the date of this resolution, whichever occurs ft~st, Condition Nos. 1 and 35, above-mentioned, shail be compited wRh. Extenslons for further Ume ta complete sald condfttons n~z;~ be grantad in accordance wfth Section 18.03.090 of the Anaheim Muntcfpal Code. ~8. That approval of this applicaUon for a gasoiine p~ice sign constittrtes approval o# the proposed request only to the extent that it complies with the Anaheim Mun~ipal Zontng Coae and any other applfcable City, State and Federal reg~lations. Approvai does not indude any action or flndings as to compilance or approval of the request regarcling any other appffcable ordinancs, regulation or requiremerrt. 39. That pruNngjMmming of any on-sfte trees shall be conducted by a Iicensed arborisL THE FOREGOING RESOLUTION was adopted at t Planning Commission meeting of August 19, 1996. CHAlRMAN, ANAHEIM CITY LAfvNING i'AMMISS N ATTEST: ~1~ira,a~~c,u ~n~ul SECRETARY, IM CITY PLANNIPIG COMMISSION STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdo~io, Secretary of the Anaheim City Planning Commisslon, do her9by certf[y that the foregofng resoltrtlon was passad and adoated at a meeting of the Anaheim Ctry Planning Commission held on August 19, 1996, by the foilowing vote of the members thereof: AYES: COMMISSIONERS: BOSTIMCK BOYDSTUN, BRISTOL, H~NNINGER, MAYER, MESSE NOES: COMMiSSIONERS: NONE ABSENT: COMMISSIONERS: PERA7A ~/_ ~ IN WITNESS WHEREOF, I have hereunto set my hand this I~~ lday of !/~~~~ 1996. ! SECR ARY, HEIM CITY PUWNING COMMISSION ~3- PC96-87