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Resolution-PC 2010-124RESOLUTION NO. PC2010 -124 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS I 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04836 (DEV2010- 00170) (1221 SOUTH ANAHEIM BOULEVARD) 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 modify a legal nonconforming roof sign and construct wall signs with sizes that are greater than permitted by code in the Commercial, General (C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 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 to modify a legal nonconforming roof sign and construct wall signs with sizes that are greater than permitted by code under the following Code provision: SECTION NO. 18.56.060.020 Continuation of Non- Confoimung Signs SECTION NO. 18.44.110.010.0103 Maximum Letter Hei dt (24 -inch letters and 36 -inch logo permitted; 49 -inch letters and 65 -inch logo proposed) WHEREAS, the Planning Commission does find and determine that the request for the variance from code requirements pertaining to the maximum letter and logo height to permit 49 -inch letters on a two wall signs, 65 -inch logo height, and modifications to a legal nonconforming roof sign should be granted for the following reasons: PC2010 -124 1. The building walls are between 160 feet to 237 feet in length and are set back between 140 feet and 230 from Anaheim Boulevard and 385 from Ball Road. The requested signs would comprise less than five percent and 4 percent of the area of the respective walls and provide the needed visibility from the street that could not be accomplished with 24 -inch letters as required by Code. 2_ Strict application of the Code would deprive the property of privileges enjoyed by other businesses which have had this standard waived under similar circumstances. 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 -04836 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. PC2010 -124 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. THE FOREGOING RESOLUTION ;d at e Planning Commission meeting of December 6, 2010. A'1'1'EST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) A CHAIRMAN, AN HE,IM CITY PLANNING COMMISSION SENIOR SEC TARY, 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 December 6, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI NOES: COMMISSIONERS: PERSAUD, RAMIREZ ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 6`'' day of December, 2010. SENIOR SEC TARY, ANAHEIM CI''Y PLANNING COMMISSION - 3 - PC2010 -124 APN: 082 -333 -16 082-333-17 W MARGATE DR W HILL AVE 1 W BALL RD DEV2010 -00170 EXHIBIT "A" E BALL RD Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is 41- two to five feet. 11046 4 - PC2010 -124 EXHIBIT "B" VARIANCE NO. 2010-04836 (DEV2010- 00170) SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY ' 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 through 3 (Site Plans and Sign Plan) as conditioned herein. 5 PC2010 -124