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Resolution-PC 2010-104RESOLUTION NO. PC2010 -104 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04826 (DEV2010- 00116) (891 SOUTH WALNUT STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "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 shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance to construct a new freestanding monument sign with a size and design that is greater than permitted by code in the RM -4 (Multiple - Family Residential) zone and the Anaheim General Plan designates this property for Medium Density Residential and uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 11, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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: 1. That the applicant requests a variance to construct a new freestanding sign with a size and design that is greater than permitted by code: SECTION NO. 18.44.070.010 Maximum Height and Size of Freestanding Monument Sign (20 square feet permitted with a maximum height of 4 feet; 60 square feet with a maximum height of 6 feet proposed) 2. The requested variance is hereby approved because there are special circumstances applicable to the property due to its large size, the over 1,200 linear feet of frontage that the site maintains along two arterial highways, and the scale of this use in comparison to other residential developments in the vicinity. - 1 - PC2010 -104 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity because a sign designed according to code would not effectively identify this property. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2010 -04826 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 2 - PC2010 -104 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 11, 2010. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, A ; IM CITY PLANNING COMMISSION SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior 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 October 11, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of October, 2010. SENIOR SEC ARY, ANAHEIM CIT PLANNING COMMISSION - 3 - PC2010 -104 -J APN: 036- 072 -341 0 .... 50 .`.. 100 Feet EXHIBIT "A" DEV2010 -00116 W BEACON AVE N M 616' W BALL RD Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 11027 - 4 PC2010 -104 EXHIBIT `B" VARIANCE NO. 2010-04826 (DEV2010- 00116) NO. CONDITIONS OF APPROVAL GENERAL 1 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the Division City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 (Site Plan and Sign Plan) as conditioned herein. REVIEW SIGNED OFF BY BY . - 5 - PC2010 -104