Loading...
Resolution-PC 99-159RESOLUTION NO. PC99-159 A RESOLU`'I~N OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FU4 VARIANCE NO. 4371 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHGWN ON A MAP FILED IN BOOK 50, PAGE 36, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued from the August 16, 9999 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the petitioner proposes waiver of the foilowing to permit one wall sign: Sections 18.05.091.020 - Permitted wall siQns. and 18.84.062.040 (maximum 1 wall siqn permitted for each individual building unit in the Scenic Corridor Zone Overlay; 3 sians proposed) 2. That the above-mentioned waiver is hereby denied on basis that there are no special circumstances applicable to the propert~~ such as size, shape, topography, location or surroundings which c!o not apply to other identically zoned property in the same vicinity. 3. That there are no special circumstances applicable to this property or to the specific building unit for which this waiver is proposed; and that the proposed wall sign is for an "unmanned" ATM (automatic teller machine) which is inside the grocery store and is not a full service banking facility. 4. That strict anplication of the Zoning Code does not deprive this property and specific tenant of priviieges enjoyed by other properties under identical zoning classification in the vicin:ty because the majoriry of unmanned ATMs inside grocery stores in the same zoning category and vicinity do not have separake identification signs. 5. That there are no exceptionai or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generatly to the property or class of use in the sartie vicinity and zor.e. 6. That the requested variance is not nacessary for the preservation and enjoyment of a s~bstantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR 3739PK.DOC -1- PC99-159 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director ar his authorizec`~ representative h2s determined that the proposed project falls within the definition of C~tegorical Exemptions, Class 11, as defined in the State of Califomia Environmental Impact Report (EIR) Guiclelines and is, the~efore, ca#egoricaily exempt frvm the reQuirement to prepare an tlR. NOW, THEREFCRE, 9F.1T F2E a~L;~ED that the Anaheim City Planning Comm(ssion does hereby deny subject Petition i`er Veriance: THE FOREGOING RtSULU~'10~ was adopted at the Planning Commission meeting of September 13, 1999. :J~~.~~ ~/~,-~~'~"~,~.,.~ CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION ATTEST: _______,~~GL~u'G~/ ~Q/~.t.~ SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEINi ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 13, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: B08TWICK, BOYDSTUP:, K~OS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT -~~~~,._ 1,.,,1~1 WITNESS WHEREOF, I have hereunto set my hand this ,~~ day of '/I/I.K~ZIC~ , 1999. `~~~~l~l~' SECRETARY, AHEIM CITY PLANNING COMMISSION CR3739PK.DOC -2- PC99-1S9