PC 76-133~ ~
r,FSOUirior~ r~n, rc7~-i33
A RFSDLUT I Qtd OF THF. ANAHF I 11 C I TY PLAt!tJ I N~ C~MM I SS I ~N
THAT PFTITi~d FQR. VARIA~~CF MQ. 287.4 RF. ~RAIITFD, IN PART.
WHEREAS, the Anaheim City Planning Commission did receiva a verified
Petiti~n for Variance from JOHI! F.. 41E13ERf,, ~36o E. Maple, Glendale, California ~12~j
(Owner); PiARC RATHBUM, P.B.R. CO., 1~2~ F. Vermnnt Street, Anaheim, California ~28~5
(Agentl of certain reai prooerty situated in the City of Anahetm,.Crnmty of Oran9e,
St~te of California described as:
THAT PORTIOM OF LOT 1+ AF AIdAHF.I!1 FXTEttSIOF~ IPJ THE CITY OF AtIANEIM, f.~II~ITY OF
ORA!~,E, STATE OF CALIFORFIIA, AS SH0~~1! ON A 11AP OF SUR~~EV RY WILLIA"1 FIAMEL AND
FILED IM THt OFFICE QF THF. COntJTY RECORnFP, OF LOS ANGEI_ts, CALIF~PNIA, A f,(1PY QF
WHICH IS SH04•s',7 1~~ B~oY. 3 PI1r,F if,3 ET SEQ. FNTITLFD "LOS AMr,ELFS COUHTY MAPS~~ IN
THF c1FFICE nF THF. C~~~N7Y RECn^DER OF SAtD ORAtIr,F f,OUtITY, QESCRiPFn AS FOLLnIJS:
[3E~ I tJ111 tl~ AT A P(: I t!T OPI TI1F. CEtJTERI_ I PIE OF CEPITER STREF.7, NQRTH 71~° 37' ?.5" EAST
77!1.13 FEET FR0~1 TIiE CE~ITFRL I tlF. QF FAST STREET, AS SA 1 D STRF.FTS ARF. SNOIdh O~J SA I ~
ItAP; TIsEPIf,E N~RTH 74° 37' 2i" EAST 130.~Q FEET ALO41G SAID CE~lTERL1~7E OF CFNTER
STR[FT; TH[IJCE NDRTII 15° 2h' t," WEST li9n,n0 FEET PAftALLFL WITH SAIb r,FPJTFRLIriF
OF EI15T STRFET TO THF SM1TH LIME OF THE LAI~D DFSCRIRE~ IN THE OFrD TO ZIOH
EV~MC,ELIf.AL L~~THFRAH CHURChI OF AtlAIIEIH; REf,ORDED JUNF 3n, 1Q~1 I~J BO~K 577~1 PArF.
'13 (1F OFFICIAL RFCn,r,r15; THF~ICE SOIITH 74° 37' 7.5" 1IEST 1~n,n~ F~FT AL~NR SAI?~
SOUTH LINE TO A LIWE PARALLFL WITH SAID CE~lTERLI"IF QF EAST STREf_T WHIf,FI PASSES
THROUGH THF PniNT OF RF;I"ltlt~l;; THEMCE SQUTH 15° 24' 15" EAST 430.~0 FEET ALONr,
SA I D PARALLFI_ L I NE TQ THE P01 tdT (lF dEG I NiJ I P7f;,
SAID LAND I S I~JCLUDFD blITNIM TNF AREA SHOI~IN (1N A MAP FILED IM THF OFFICF. ~F TNE
f,01R~TY P,FCORDFR OF SAID 0'Ati~F. Cf111t1TY, IM B~OK 24 PAGF. 27. ~F REC~RD ~F S~IP.~IEYS,
41HEREl15, the City Planning Co^~mission did hold a puhlic hearing at the City
Hall in the City of Anaheim on July 7, 1~7~, at 1:30 p.m., notice of ~aid ~ublic
hearing having heen duly given as required by la~•! and in accordance ~aith the
provisions of the Anaheim Municiral Code, Chapter 1R.~3, to hear and considPr
evic:ence for an~1 against said proposed variance and to investigate and mal<e findin~7s
anri recommendations in connection therewith; and
IJHEREAS, said Commission, after due inspection, investigation and sturly marle
by itself and in its behalf, ancl aFter due consideration oT all evidence and reports
offered at said hearing, does find and determine the followin9 facts:
1. That the petitioner pr~poses the f~llowing waivers from the Anaheim
Municipal i,ode, to construct a second free-standing sign:
a. SEf,TION 13.05.043.~2~ - Mar.imum number of ~igns.
(1 nermitted; 2 proposed
b. SECT1~11 18.05.'193.~z3 - Permitted locati~n of signs.
(Lentra 2~ro required
c. SECTIOW 1'.Q5.~93.~7-31 -~linimum distance between signs.
(3~~ eet required; 12Q eet proposed)
d. SECTION tII.05.Q93.02~iY - Maximum sign height. (25 feet pe~mitted
within 300 feet of a residPntial structure;
2R feet oroposed)
2, Thet Waivers 1-a, 1-b, and 1-c, above-mentioned, are hereby granted for
the proposed and existing "Jack-in-the-Box" signs only. said waivers being 9ranted on
the basis that the petitioner demonstrated that a liardship would be createcl if sald
waivers were not a,ranted; and the Pianntng Commission daes hereby determine that in
the event there is a change in the use of the buildin9 presently occupied by the
"Jack-in-the-Bor.", the signing shall be incorporated into the s;gning f~r the entire
complex and not have separace signing.
3. That Waive:r 1-d, ahove-mentioned, was withdrawn by the pef.itioner with
the sYipulation to comply with the maximum si9n height requirements.
RESQLIITIOq H0. PC7h-133
0
C~~
4. That therP are excAptional or extraordinary circumst:+nces nr conditinns
a~~licabie to the prorerty involve~l or t~ the intendPrl IISn~ as granted, ~f thP
~roryerty that do not ~rpiy r~enerally to thP pro~erty or class of use tn the Samr,
vicinity and z~ne.
!'i. That the rer~iiested variance, as granted, is necessary fnr thr.
preservation and en,joyment ~f i suhstantial property ri~ht possesse~l by othr.r
property in the. s~me vicinity and zone, an~! denied to the nrn~erty in question.
h, That the requeste~l variance, as pranted, will not he mater~=:~ly
cietrimental to the public weifare or inJuri~us to the property or improvements in
such vir.intty and zone in 41IlICI1 the property is located.
7. That no one in~licate~i their presence at said ~uhlic hearin~ in
opposition; and that onP (i) letter and one (1) telephone messacie were recPivr.~l in
favor of the proposal.
EIlV I RO!JHEWTAL IHPAf,T REPORT F I tl~ I!IR:
That thr. Director of tlie t'lannin~i 11epz .e:nt lias detPrnined that thP
proposed activity fa11s within tlie ~iefinition ~f Section 3.~1, Class 11, nf the City
of .M alieim f;uidelines to the P,equirPments for an Fnvironmental Imnact P.epnrt and is,
therefore, categorically exemnt fr~m thP re~uirem~nt to file an EIR.
PI~W, TH[REFOP,E, RF. IT RESOI.VFD that the Anaheim City Planning f,ommission
does hereby grant, in part, subJect Petition f~r Variance, unon the f~ll~x•iin~
conditions which are herehy foimd to be a necess:~ry prerPquisite ko the propose~ use
of the subject property in or.ter to preserve the safety and cleneral ~•~Pifare of the
Citizens of the City of Anahetm:
1. That street 'ii9hting facilities alon~ Lincoln Avenue shall~be installe~
as required by the Director of Puhlic Utilities and in accor~lance ~~iCh stan~iard nlans
and specifications nn file in the Office of the Director of Public ~Itilities, and/~r
that a bonu, certificate of de~osit, letter of credit or c~sh in an amount and fnrm
satisfactory to the City nf Anahein shall be posted N!ith the f,ity t~ nuarantee the
installati~n of the above-menti~ne~t re~ui!'Pmr.nts.
2. That suhject property shall he developed suhstanttally in accord~nce
witli'plans ancf specifir.ations on file with the City of Anaheim marked Exhihtt Nos. 7
and 2; provided, ho~aever, that the signing shall comply o~ith the f,orie ~equirements
pertaining to maximum height, as stipulated to by the petiYioner.
3. That Condition tlo, t, above-mentioned, shall be complied with prior to
the commencement nf the ictivity authorize~i under this resolution, or nrior to the
time that the building permit is issued, or a~ithin a period ~f one year fr~m date
hereof, whichever occurs first, or such further time as the Plannin9 Commission
and/or City Council may grant.
~t. Tfsat Condition Ho. 2, above-mentioned, shall he compli~ed with prlnr to
`inal building and zoning inspections.
5, That this v~riance is aranted for the prr.posed and existing "Jacl:-in-
the-box" signs only and in tlir. event the use of the building rr~esently occu~ie~1 by
"Jack-in-the-hox" changes, this variance shall hecome null and void and the sianing
for the new usp shall be incorporated into the siontng for thr_ entirr. c:onplex and not
have separate signing.
TIiE FORE~01 Nr RE50Lt~T 10~I i s s i gned
July, 1976.
ATTEST:
~~ ~Q~-~A~.~
SECP.ETARY, APIAH 114 IT~lN! ~l~ CO!1!11 SS I OH
and approved h this 7th day of
~
CHAI.°.MAN, ANANFI! ITY PLAM'JI~IG CnM~1I551~^!
-2- A.rSOLUTION M0, PC76-133
, ~ ~
STAT~ OF CAL I FQRt•i I A ) '
COiItITY OF ORANGF. )ss.
CITY OF AtJ~HEIN )
{, Patricia B. Scanlan, Secretary o~ the City Planning Commissinn of the
City of Anaheim, c1o hereby certify tliat the foregoing resolution t•tas passe:d an~1
adopted at a meeting ~f the City Planning Commission of t5e City ~f Anahr_im, hel~l on
July 7, 5976, aC 1:3~ P.m., by the follo~ving vote of the memFers thereof:
AYF.S: C01111 1 5 5 1(111FRS: I3ARNF.S, FARAN~~ HERRST, KIP1R, M~RLEY, JOF'~!S(1'!
~~QF.S: CON'iiSStnrIfRS: iJ~~~F
ARSEt~T: CQH'11 SS 10'JEQ.S: TOLAR
I'! WITNESS ~dHEP.EQF, 1 have hereunto set my hanrl this 7th rlay of July, 1~7~~.
~~~~,~~ .~
SFCRETARY, At1AHEIM CI1~Y PLA~~NI~~~ ,.~4'~~~-5~T
.3- RESf~L11TI0N PIO. PC76-133