Loading...
Resolution-PC 96-9~ ~ RESOLUTII'ZN NO. PC96-9 A RESOLUTION QF THE ANAHL=IM CITY PLANNING COMMISSION TFiAT PETITION FOR VASiIANCE NO. 4284 BE GRANTED WHERERS, ihe Anaheim Cfty Planning Commi;;sion did receNe a ver~ied Patftion for Variance for certain real properry situated in the Cfty of Anahelm, County of Urange, State of Califomia described as: LOT 1 OF TRACT NO. 12996, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOr~NIA, AS PER MAP NECORDED IN BOOK,624, PAGES 19 THROUGH 24, INCLUSIVE OF hIIISCELLANEOUS MAPS, IN Ti•iE OFFICE OF THE COUNTY RECQRDER OF SAID COUNTY. WHEREAS, the Ciry Planning Commission dfd hold a public hearing at the Civic Center in the C'ity of Anaheim on January 8, 1995, at 1:30 p.m., notlce of said public hearing having been duly given as required by law and in accordance with tho provisions of the Anaheim Municipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed va~lance and to investigate and make flndings and recommendations in connection therewfth; and that said public hearing was continued to the January 22, 1996 Planning Cammission meeting; and WFIEREAS, said Commission, aiter uue inspection, investigation and study madeb~/ itsslf and in fts behalf, and after due r,onsideration of all e~idence and repnrts offered at said hearing, does flnd and determine the following facts: ' 1. That the petit(oner proposes waiver of the following tc construct a 7-foot hlgh, 28 sq.ft. monument sign: Section 18.71.070.030(cl - Permitt number of commercial entrv sians. (Maximum one commercial entrv sian permitted on Serrano Avenuo; Two sians proposed [The proposed second sign is propo~ed to ba a 7-foot high, 28 sq.ft. monument signJ) 2. That there is a special circumstances applicable to the property consisting of fts topography, which does not apply to other identically zoned properttes in the vic~niry, because the topography oS the area effectively screens the shopping center from the public view on Serrano Avenue while trav~lling northbound, and that the proposed monument sign woutd effectively fdentify the shopping center to the pubiic; ~ 3. That strict application of the Zoning Code deprives the property of priv~leges enjoyed by other properties under identical zoning classffication in the viciniry; 4. That the design of the proposed monument sign is in co~ormance with the previously- approved monument signs located on su@ject property; 5. That the requested variance will not be materialiy deirimental to the pubUc welfare or injurious to the property or improvements in such vicinity and zone in which the property fs located; and 6. That no one indicated their presence at said public hea~ing in opposftion; and thaY no correspondence was receNed in opposftion to subject petition. c:AUFORNIA ENVIRONMENTAL QUALlTY ACT FINDING:~The Planning Olreetor or h(s authorized representative has determined that the proposed proJect falls withi~~ the deflnftion oi ~ategorical ExempUons, Class 11, as deflned in the State EIR Guidelines and is, therefore, catego~ically exerrspt f~om the reguirerrent to prepare an EIR. CR2577DM.WP '~' P~9 ,, ,:~> PIOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does hereby g~ant subject Petftion for Variance, upon the foliow(ng cofn order oh~ re errve the safery and ge eral welfia e prerequisRe to the prop~sed use of the subject properry P of the Cftizens of the City of Anah9lm. 1. (CondlUon No. 1, as recommendeaf !n ihe staff repoR, was deleted at the January 22, 1996 Planning Commisslon pu6!!c hearing.) 2. That a minfmum of three (3) broadheaded, non-deciduous, twenty four inch (24") box trees shall be replaced/Planted in the landscaped area between Canyon Creek Road and the buflding labeled "Shops 2" on Exhibft No.1 for the purpose of providiny effective landscape screening of the er.lsting roof-mounted equipme~t on the "Shops 2" building. 3. ~ That existing landscaping in the area of the proposeci sign shall be retained and that existing landscapfng shall be identiffed on the plans submitted for sign permits. 4. That any exter!~r UgMfng located on *he buildings shall be shielded away ftom surrounding residential properties. 5. That subject properry shail be devetaped substantially in accordance with plans and spec~icat(ons submitted to the Ciry of Anaheim by the petitioner and which plans are on file wfth the Planning Department marked Exhibft Nos. 1, 2 and 3. g. That prior to issuance of a flnal bu(Iding and zoning inspections of the proposed sign and or w(thin a period of one (1) year from the date of this resolution, whichever occurs flrst, Conditlon Itios. 2, 3, 4, and 5, above-mentionecf, shall be complied wfth. Extensions for further time to complete said conditfans may be granted in accordance with Section i$.03.090 of the Anaheim Municipal Code. 7. ;: That approval of this application constftutes approval of tho proposed request only to the extent that it complies wfth the Anahefm Municipal Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does not include any action or flndings as to compliance or approval o~ the request regarding any other applicable ordinance, reguEation or requirement. BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commtssion does hereby flRd and determine that adoption of this Resolution is expressly predicated upon applicanYs compliaice wftt~ each ' and ail of the condftions hereinabove set forth. Should any such condition, or any part ihereof, be declared Invalid or uner~forceable by the flnai jucigment of any court of competent Jurisdiction, then this Resolucion, and any approvals herein contained, shall be deemed null and void. THE FOREGOIMG RESOLUTION was adopted at the Planning Commission meeting of January 22, 1996• CHAIFtMAN PRO TEM ORE ANAHEIM CITY PLAIv ING COMMISSION ATTEST: _ ~Il ~nr~ n.~~.~~, c..(~1! w' `~'-" SECRETARY, AHEIM CITY PUWNING COMMISSION _2, PL'9o-9 ;y ~ n .~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Cfry Planning Commissiun, do hereby certiSy that the foregoing resolutfan was passed and adopted at a meeting of the Anaheim City Planning Comm(ssion held on January 22, 1996 by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNIfVGER, MESSE, PERA71~, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, MAYER IN WITNESS WHEREOF, i have hereunto set my hand this ~~ ~ day of lLGI 1996. ~ . SECREfAR ANAHEIM CITY PLANNING COMMISSION -3- PC96-9