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88-254 RESOLUTION NO. 88R-254 A RESOLU'£ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3791, IN PART. WHEREAS, after a request for variance by LEDGER SMITH, 1716 N. Ross Avenue, Santa Ana, California 92706, and SECURITY PACIFIC NATIONAL BANK, P.O. Box 7120, Newport Beach, California 92658, owner, and GERALD M. GRECO, 2225 E. Katella Avenue, Anaheim, California 92806 and THOMAS K. CANNON, 27665 Foches Road, Suite 204, Laguna Niguel, California 92677, agents, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3791 was granted, in part, covering the following described property: THAT PORTION OF LAND ALLO]TED TO A.S. VAN DE GRAAF IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA AHA, RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1968 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER Ob LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEASI TERMINUS OF THAT CERTAIN COURSE IN TIIE CENTER LINE OF KATELLA AVENUE DESCRIBED AS HAVING A LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 3906 PAGE 231 OF OFFICIAL RECORDS, iN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE, NORTH 40 DEGREES 13' 41" WEST 60.00 FEEl' TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1060.00 FEET, A RADIAL LINE TO SAiD CURVE AT SAID POINT BEARS SOUTH 40 DEGREES 13' 41" EAST; THENCE NORTHEASTERLY 53.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2 DEGREES 51' 20", THENCE NORTH 21 DEGREES 50' 22" EAST 31.25 FEET; THENCE NORTH 36 DEGREES 03' 15" WEST TO A LINE PARALLEL WITH AND NORTHWESTERLY 210.00 FEET FROM SAID COURSE DESCRIBED AS HAVING A LENGTH OF 767.98 FEET; THENCE SOUTH 49 DEGREES 4~' 19" WEST TO A LINE PARALLEL WITH AND SOUTHWESTERLY 150.00 FEET FROM THE COURSE DESCRIBED ABOVE AS HAVING A BEARING OF NORTH 36 DEGREES 05' 15" WEST; THENCE SOUTH 56 DEGREES 03' 15" EAST TO A LINE BEARING SOUTH 49 DEGREES 46' 19" WEST FROM THE POINT OF BEGiNNiNG; THENCE NORTH 49 DEGREES 46' 19" EAST TO THE POINT OF BEGINNING. 2. THAT PORTION OF THE LAND ALLOTTED TO A.S. VAN DE GRAAF IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS, 1N THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORRNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST IERMINUS OF THAT CERTAIN COURSE IN THE CENTER LINE OF KATELLA AVENUE DESCRIBED AS HAVING A LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 3906 PAGE 251 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE, NORTH 40 DEGREES 13' 41" WEST 60.00 FEET TO THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF KATELLA AVENUE, PER DEED RECORDED IN BOOK 8167 PAGE 632 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 49 DEGREES 46' 19" WEST 70.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAiD NORTHWESTERLY LINE OF SAID KATELLA AVENUE, SOUTH 49 DEGREES 46' 19" WEST 70.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID KATELLA AVENUE, SOUTH 49 DEGREES 46' 19" WEST 106.05 FEEd' TO AN ANGLE POINT THEREIN; TIiENCE SOUTH SS DEGREES 47' 38" WEST 311.48 FEEl' TO THE NORTHERLY LINE OF THE SANTA FE RAILROAD RIGHT-OF-WAY; THENCE NORTH 69 DEGREES S9' 29" WEST 523.02 FEET TO THE WESTERLY LINE OF SAID RANCHO SANTIAGO DE SANTA ANA; THENCE ALONG SAID RANCHO LINE, NORTH 27 DEGREES 39' 30" EAST 174.84 FEEl' TO AN ANGLE POINT THEREIN DESIGNATED AS SSA69; THENCE CONTINUING ALONG SAID WESTERL~ LINE, NORTH 33 DEGREES 39' 31" EAST 544.94 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF HOWEI,L AVENUE, PER DEED RECORDED IN BOOK 5251 PAGE 8 OF OFFICIAL RECORDS, SAID POINT BEING IN A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 482 FEET, A RADIAL TO SAID POINT BEARS NORTH 17 DEGREES 08' 50" EAST; THENCE SOUTHEASTERLY IS2.79 FEET ALONG SAID AVE., THROUGH A CENTRAL ANGLE OF 18 DEGREES 09' 43" TO THE SOUTHERLY LINE OF HOWELL AVE., PER DEED RECORDED IN BOOK 441 PAGE 337 OF OFFICIAL RECORDS; THENCE ALONG SAID AVE., SOUTH S4 DEGREES 41' 27" EAST 376.82 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 7149 PAGE 767, OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 36 DEGREES 03' 1S" EAST 22.36 FEET TO THE WES2' LINE OF SAID LOT 6 OF TRAViS TRACT AND THE WESTERLY TERMINUS OF STRUCK AVENUE, PER DEED RECORDED IN BOOK 611 PAGE 11 OF OFFICIAL RECORDS; THENCE SOUTH -2- 33 DEGREES 39' 31" WEST 23.81 FEET TO THE SOUTHERLY RIGHT-OF-WAY LiNE OF SAID STRUCK AVENUE; THENCE SOUTH 88 DEGREES 53' 51" EAST 28.02 FEET TO SAID SOUTHWESTERLY LINE; THENCE SOUTH 36 DEGREES 03' 15" EAST 1.99 FEET TO TttE NORTHWESTERLY LINE OF TItE LAND DESCRIBED IN THE LAND LEASED TO SHELL OIL COMPANY; THENCE SOUTH 49 DEGREES 46' 19" WES]' 150.40 FEET TO THE SOUTHWESTERLY LINE OF SAID LAND; THENCE SOUTH 36 DEGREES 03' 15" EAST 150.40 FEET TO THE TRUE POINT OF BEGINNING. A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 65 PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted, in part, permitting a maximum of three (3) freestanding signs on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.05.093.021 18.05.098 18.05.093.0211 AND 18.61.067 Maximum Number of Free- standing Signs. (2 permit- ted along 600 feet of street frontage; 3 approved along 682 feet of street frontage) SECTIONS 18.05.093.023 18.05.098 AND 18.61.067 Permitted Location of Free- standing Signs. (Minimum 120 feet from west property line required for Sign No. 2, 5 feet proposed) SECTIONS 18.05.093.0231 18.05.098 AND 18.61.007 Minimum Distance Between Freestanding Signs. (300 feet required; approxi- mately 200 feet proposed) -3- That said variance be granted subject to the following conditions: 1. That alii driveways shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 2. 1'hat prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 85-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. 3. That the additional freestanding signs authorized by this resolution shall be served by underground utilities. 4. That the owner of subject property shall submit a letter requesting termination of Variance No. 1779 and Conditional Use Permit No. 1301 to the Zoning Division. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 4, 7, 8 and 9; provided, however, that a maximum of three (3) freestanding signs (identified as Sign Nos. 2, E1 and E2 on said plans) shall be permitted. 6. That prior to the commencement of the activity authorized by this resolution, or prior to issuance of a sign permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That prior to final building and zoning inspections, Condition Nos. 3 and 5, above-mentioned, shall be complied with. 8. 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 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. -4- BE iT FURTHER RESOLVED that tile City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and ail 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. City THE FORE6OING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 28th day of June, 1988.  ANAHEIM MAYOR OF THE CI~TY F ATTEST: _ CITY CLERK OF THE CITY OF ANAHEIM JW:fm 2626L 070888 -5- CLERK STALE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CiTY OF A_NA~Eibl ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-254 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ti~e 28th day of June, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBblRS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MFJ4BERS: None ABSENT: COUNCIL MEMBERS: None ~{D I FURTHER certify t~mt the Mayor of the City of Anaheim signed said Resolution No. 88R-254 on the 19th day of July, 1988. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City o~ Anaheim this 19th day of July, 1988. CiTY CLFJiK OF THE CITY OF /LNAliEIM (SEAL) I, LEONOKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is tile original of Resolution No. 88R-254 duly passed and adopted by the Anaheim City Council on June 28, 1988.