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PC 79-179RESOLUTION N0. PL 79-179 A RESOLUTION OF THE ANAHEIM CITY PLANNING COHMISSION THAT PETITION FOR VARIANCE N0. 3110 BE GRANTEO WHEREAS, the Anaheim Cfty Plannfng Commission did rece(ve a verified Petition for Varfance from TEACNERS INSURANCE AND ANNUITY ASSOCIATION OF AMERlCA, 730 Third Avenue, New York, New York 10017, owner, and ELECTRICAL PRODUCTS CORPORATION, 1100 North Main Street, Los Angeles, Californla 90012 and CALIFORNIA COMPUTER PRODULTS, INC., 2411 Nest La Palma Avenue, Anaheim, California 92801, agents, of certain real property situated tn the City of Anatieim, Lounty of Orange, State of Caltfornia described as: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHUEST QUARTER OF SELTIOH 6 WHICH IS SOUTH 69° 21' 20" WEST 766.88 FEET FROM THE SOUTHEAST CORt7ER THEREOF; THENLE CONTINUING ALOPIG SAID SOUTN LINE, SOUTH 89° 21' 20" WEST 60.00 FEET TO THE SOUTHEAST CORNER OF TNAT CERTAIN EXCEPTION OF THE SOU7H 284.00 FEET OF THE WEST i63.00 FEET RECITED IN THE DEED RECORDED JULY 31, 1962, AS DOCUMEPlT N0. 23009, IN 900K 6197 PAGE 7b, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF•SA10 EXCEPTIOH NORTH 00° 46' 20" WEST 2a4.Q0 FEET AND SOUTH 89° 21' 20" WEST 163.00 fEET TO THE NORTNWEST LORNER OF SAID EXCEPTION; THENGE NORTN 00° 46~ 20" 1JE5T 230.35 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND CONVEYED TO THE EMERSON ELECTP.IC MA~3UfACTURING COMPAt1Y AS DESLRIQED U~ PARCEL N0. 2 OF THE DEED RECOROED JULY 31, 1962, AS DOCUMENT N0. 23009 1N BOOY, 6197 PAGE 76, OFFICIAL RECORDS OF SAID LOUHTY; THEPICE SOUTIi 89~ 57 10" EAST 193.02 FEET; THENCE NORTH 00° 46' 20" WEST 891.7j FEET TO A POINT IN TNE SOUYHWESTEP,LY RIGHT OF WAY LINE OF TNE SOUTHERN PACIFIC RAIlROAD RIGHT OF NAY; THE~ICE ALONG SAID RIGHT OF WAY LINE SOUTH 57~ 13' S0" ERST 956.10 FEET TO ITS INTERSECTIOtd WITH THE EAST LIIIE OF THE SAID SOUTHUEST QUARTER OF SECTION 6; THENCE ALONG SAID EAST LINE AND THE CENTERLINE OF GILEiEP,T STREET, SOUTH 0~ 46' 30" EAST 545.69 FEET TO A POINT IN A LINE PARALLEL WITH AND 33t•SO FEET NORTHERLY FROM THG SOUTH LIriE OF THG SAI~ SOUTHNEST QUARTER OF SECTION 6; THENCE SOUTH 8~° 21' 20" 1dEST 766.86 FEET ALONG SAID PARALLEL LINE; THEMCE SOUTH 0° 48' 20" EAST 331.50 fEET TO THE POINT OF BEGI~INiNG. EXCEPT THE MOST SOUTHERLY 53.00 FEET. WHEREAS, the CI[y Planning Commission dtd schedule a public hearing at the Ctty Hall in the CTty of Anahelm on April 9~ 197g, at 1:30 p.m., notlce of said public heartng having been duly given as r~qulred by law and in accordance w(th the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against sald proposed variance and to investigate and make findings and recommendations in connectlon therewtYh; sald public hearing havin; bcen continucd to thc Planning Commission mecting of July 30, 1~79, and 41HEREAS, satd Commtssion, after due inspection. investigation and study made by itself and in its behalf, and after due constderatlon of all evidence and reports offered at said hearing, does fTnd and determine the following facts: 1, That the petitioner proposes a waivPr of the follovrin9 to construct a frec-^*~nding sign: PC79-179 ~ ' i l , (a) SECTION t10. 16,~5.067 - Mtnimum distance of flashinq si n to residentia structures. 300 eet require ; 225 feet proposed) (b) SECTION N0. 18.05.067.010 - Maximum het ht of flashin si n. 25 eet perm tted w th n 500 eet ~ residential structures; 32 ee[ proposed (c) SECTION NOS. 18.05.098 and 18.05.093.~22 - Maximum area of ree-standf_n~ sign. 350 squarc ~t permitted; ~ square feet proposed) (d) SECTION NOS. 18.05.098 and 18.05.093.0241 - m~a~ximu~m _h~ei~ ht w th n 50 eet of resi~l s 5 eet perm tted; ~ feet proposed) 2. That the above-mentioned waivars are hereby ~ranted on the basis that the petitioner demonstrated that a hardship exisis i~ that evidence presented at the public heartng indicates that the proposed flashing sign will not be seen by resTdents rihose houses are separated from the proposal by a freeway, existing trees and ratiroad tracks along which railroad box cars are typtcally parked. 3. Tha[ the proposed use is hereby granted subject to the petitioner's stipulation at the public hearing that the electronic sign will not be used for any off-site advertistng messages; only for on-site ~nployment opportunities, public- (nterest messages, or messages by recognized non-profit organizations. 4. That there are exceptT~~al or ex[raordinary circumstances or conditions appllcable to the property lnvolved or to the lntended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the requested varlance fs necessary for Lhe preservaLlon and enJoyment of a substantial property righi possessed by other property in the same vicinity and zo~e. and dented to the property ln question. 6. That the raquested variance will not be matErially detrinental to the pubiic ~velfare or tn,jurious to the proper[y or improvements ~n such vicinity and zone Tn which the property is located. 7. That one person indicated her presence at the Aug~s*_ 27~ 1979 publTc hearing in opposition; and that no correspondence was received in opposition to the subJect petition. ENVIRONMENTAL IMPAC7 FINDItdG: The Pianning Director or hts a~thot'Ized representat ve has etermined that the proposed proJect falls within the definitTon of Categortcal Exemptions. Class 3, as defined in Paragraph 2 of the City of Anaheim Envlronmental Impact Report Guidelines and is, therefore, categorically exempt fram the requtrement to prepare an EIR. _2_ PC79-~79 (.. , ', NOW~ THEREFORE, BE IT (tE50LVED that the Anahelm City Planning Commisston does hereby grant subject Petition far Varlance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and generai welfare of the Citizens of the City af Anaheim: i. That street lighting facilitfes alo~g Gilbert Street shall be installed as required by the Office of Utilities General Manager, and in accordance with spectftcations on file in the Offtce of Utillties Generai Manager; and/or that a bond, certificate of deposft, letter of credit, or cash, in an amount and form satisfactory to the City of Anahefm shall be po.ted with the CTty to guarantee the (nstallation of the above-mentioned requirements prior to final inspection of the proposed sign. 2. That the owner(s) of subject property shall submit a letter requesting the termination of Variance No. 1942 to the Planning Departmen[. 3. That subJect property shall be developed substantially in accordance wtth plans and spec(fica[tons on file with the City of r~naheim marked Exhibtt Nos. 1 and 2. 4. That Conditton Nos. 1 and 2, above-mentToned, shall be complied with prior to the cortmencement of the activity authortzed under this resolutton, or priar to the time thai the building permlt is issued, or within a pertod of one year from date hereof, whtchever occurs first, or such fur[her time as the Planning Commission may grant. 5. Thai Gondition No. 3, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that [he Anaheim City Planning Comrnission does hereby find and determine that adoption of this Resolutlon is expressly predicated upon applicant's compliance wtth each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof~ be declared invalid or une~forceable by the final Judgment of any court of competent Jurisdictlon, then this Resolution, anJ any approvals herein eontalned, s'~aii be deemed nuff and void. THE FOREGOING RESOLUTION is signed and approved by me this lOth day of September, 1979. ATTEST: C'~P~._ ~°. ~.~..~.~.~~ CHAIR N, ANAIIEIM CI~1T LAt{NING COMMISSION ~~ .~.' ~.:. SECRETARY, ANAHE~M CITY LANNING COMMISSION -3- PC79-179 l ~ _.. f., } STATE Of CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, EdTth L. Harris~ Secretary of the Anahelm City Planning Commission, do hereby certify that the foregotng resolution was passed and adopted at a meettng of the Anahcim City Planning Canmission held on September 10, 1979, by the following vote of the members thereof: AYES: COMMISSIONERS: OAVID, FRY, HERBST, KING. TOLAR NOES: COMMISSIONERS: BARNES, BUSHOAE ABSENT: COMMISSIONERS: NONE 1979. IN WITNESS WHEREOF, I have hereunto set my hand this IOth day of September, ~tcr~ ,C. SECRETARY, ANANE M C LANNI~lG COMM~SSION -4- PC79-179 1