Resolution-ZA 2006-05;7
RESOLUTION NO. ZA2006-05
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04680 BE GRANTED
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL 1:
THAT PORTION OF LOT 20 IN BLOCK "K" OF THE KRAEMER TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF LOTS 9 AND 10
OF ORANGE GROVE ACRES, IN SAID CITY OF ANAHEIM, AS SHOWN ON A
MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A
WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 9
WITH THE SOUTHERLY LINE OF LA PALMA AVENUE, (106 FEET WIDE), AS
SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 57, PAGE 17 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE SOUTH 73° 44' 00"WEST 379.00 FEET ALONG SAID
SOUTHERLY LINE TO A LINE PARALLEL WITH THE WESTERLY 370.00 FEET
FROM THE EASTERLY LINE OF SAID LOT 9; THENCE SOUTH 3° 45' 10" EAST
700.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 86° 14' 50" EAST
370.00 FEET TO THE EASTERLY LINE OF SAID LOT 9; THENCE NORTH 3° 45'
10"WEST 782.12 FEET TO THE POINT OF BEGINNING.
EXCEPT FROM THAT PORTION THEREOF INCLUDED WITHIN SAID LOTS 9
AND 10 ONE-HALF OF ALL MINTERALS, ORES, PRECIOUS AND USEFUL
METAL SUBSTANCES AND HYDROCARBONS OF EVERY KIND AND
CHARACTER INCLUDING PETROLEUM, OIL, GAS, ASPHALTUM AND TAR,
THAT MAY NOW OR HEREAFTER BE FOUND, LOCATED, CONTAINED,
DEVELOPED OR TAKEN ON, IN, UNDER OR FROM SAID LAND, BUT WITHOUT
THE RIGHT TO USE THAT PORTION OF SAID LAND ABOVE A DEPTH OF 500
FEET FROM THE SURFACE OF SAID LAND IN CONNECTION WITH THE
DEVELOPMENT THEREOF.
PARCEL 2:
THAT PORTION OF LOTS 9 AND 10 OF ORANGE GROVE ACRES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 9
WITH THE SOUTHERLY LINE OF LA PALMA AVENUE, (106 FEET WIDE), AS
SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 57, PAGE 17 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE SOUTH 73° 44' 00"WEST 379.00 FEET ALONG SAID
SOUTHERLY LINE TO A LINE PARALLEL WITH AND WESTERLY 370.00 FEET
FROM THE EASTERLY LINE OF SAID LOT 9; THENCE SOUTH 3° 45' 10" EAST
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700.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 86 ° 14' S0" EAST 370.00 FEET TO SAID
EASTERLY LINE; THENCE SOUTH 3 ° 45' 10" EAST 393.54 FEET ALONG SAID
EASTERLY LINE TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO LONG BEACH LEASING CORPORATION, RECORDED AUGUST 4,
1965 IN BOOK 7618, PAGE 698, OFFICIAL RECORDS; THENCE SOUTH 73 ° 48'
30"WEST 352.49 FEET ALONG LAST SAID SOUTHERLY LINE; THENCE NORTH
16° 11' 30"WEST 452.76 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
LAND DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED
DECEMBER 9, 1965 IN BOOK 7769, PAGE 192, OFFICIAL RECORDS, SAID
POINT BEING A POINT ON ANON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 54.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH
16 ° 11' 30" EAST; THENCE NORTHERLY 121.67 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 129° 05' 38"; THENCE NORTH 73° 44' 00"
EAST 51.00 FEET TO SAID PARALLEL LINE; THENCE SOUTH 3° 45' 10" EAST
78.73 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT FROM THAT PORTION THEREOF THAT IS NOT INCLUDED WITHIN THE
LAND DESCRIBED IN THE DEED TO F.A. YOUNGBLUTH, ET AL., RECORDED
MAY 24, 1927 IN BOOK S5, PAGE 35 OF OFFICIAL RECORDS, ONE-HALF OF ALL
MINERALS, ORES, PRECIOUS AND USEFUL METAL SUBSTANCES AND
HYDRACARBONS OF EVERY KIND AND CHARACTER, INCLUDING PETROLEUM,
OIL, GAS, ASPHALTUM AND TAR, THAT MAY NOW OR HEREAFTER BE FOUND,
LOCATED, CONTAINED, DEVELOPED OR TAKEN ON, IN, UNDER OR FROM SAID
LAND, BUT WITHOUT THE RIGHT TO USE THAT PORTION OF SAID LAND ABOVE
A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND IN CONNECTION
WITH THE DEVELOPMENT THEREOF.
ALSO EXCEPT FROM THE REMAINDER THEREOF ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITH
OR UNDER THE REMAINDER THEREOF, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND
REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING
THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS
OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE REMAINDER THEREOF, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND
BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DESPEN AND OPERATE ANY SUCH
WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE
AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN
SUCH
MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAYBE
CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN THE DEED FROM J.J.
BURKHARD, ET UX., RECORDED FEBRUARY 24, 1956 IN BOOK 3410, PAGE 121,
OFFICIAL RECORDS.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on March 30, 2006, at 9:30 a.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
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"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, said Zoning Administrator, after due inspection, investigation and study made
by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
That the petitioner proposes waivers of the following:
(a) SECTION NO. 18.120.080.180.1802
Maximum letter height 18 inches permitted;
42 inches proposed)
(b) SECTION NO. 18.120.080.150.1501
Maximum number of site identification signs
(DELETED)
2. That the above-mentioned waiver (b) are hereby denied since it has been deleted
subsequent to advertisement. That the above-mentioned waiver (a) is hereby approved as the proposed
letter height for the wall signs would not have an adverse impact on neighboring properties since the signs
meet all other sign criteria except for maximum letter height, and that the signs would be compatible with
other existing signs on adjacent properties. Additionally, this particular property has an exceptionally large
building frontage along the 91-Freeway and has a large setback with limited visibility from the nearest public
right-of-way (Carpenter Avenue).
3. That nobody indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), 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 Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, 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
general welfare of the Citizens of the City of Anaheim:
1. That all on-site signage shall be maintained in "like-new" condition at all times.
2. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 - 5, and as conditioned herein.
3. That prior to issuance of a building permit, or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition No. 2, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090
of the Anaheim Municipal Code.
4. 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 Anaheim Zoning Administrator 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
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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 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 was adopted at the Zoning Administrator meeting of March
30, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
DATE ANAHEIM ZONING ADMINISTRATOR
ATT ST:
SENIOR SEC ETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on March
30, 2006.
~"
N WITNESS WHEREOF, I have hereunto set my hand this ~ ~ day of
2006.
S . SECRETA NAHEIM ZONING ADMINISTRATOR
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