Resolution-ZA 2006-22•
RESOLUTION NO. ZA2006-22
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A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE N0. 2006-04694 BE GRANTED
(711 EAST LA PALMA AVENUE)
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:
A STRIP OF LAND, 70.0 FEET, MORE OR LESS, IN WIDTH, AND 2680 FEET, MORE OR LESS, IN
LENGTH, BEING ALL THAT PART OF THE ANAHEIM BRANCH (NOW ABANDONED) OF THE
UNION PACIFIC RAILROAD COMPANY, SUCCESSOR IN INTEREST TO THE LOS ANGELES &
SALT LAKE RAILROAD COMPANY, SITUATE IN THE SOUTHEAST QUARTER (SE ~/a) OF
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN,
CITY OF ANAHEIM, ORANGE COUNTY, CALIFORNIA, THE SAID STRIP LYING BETWEEN LINES
DISTANT 0.00 FEET AND 70.0 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES
AND/OR RADIALLY, FROM THE WESTERLY LINE OF THE RIGHT OF WAY OF THE
BURLINGTON NORTHERN SANTA FE RAILROAD, AS PRESENTLY CONSTRUCTED AND
OPERATED, THE SAID STRIP OF LAND BEING BOUNDED ON THE NORTH BY THE
NORTHERLY LINE OF THE SAID SOUTHEAST OUARTER (SE '/a) OF SECTION 3, AND
BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE PUBLIC ROADWAY COMMONLY
KNOWN AS "LA PALMA STREET", THE CENTERLINE OF WHICH STREET BEING THE
SOUTHERLY LINE OF THE SAID SECTION 3, AND THE SAID STRIP OF LAND BEING ALL OR
PART OF THOSE SAME TRACTS OF LAND HERETOFORE ACQUIRED BY THE SAID LOS
ANGELES & SALT LAKE RAILROAD COMPANY FROM THE FOLLOWING NAMED PARTIES:
GERARDUS VOSSENBERG, A SINGLE MAN, AND HENRY VENEMA (ALSO KNOWN AS HARRY
VENEMA) AND LAURA VANDERZEE VENEMA, HIS WIFE, BY VIRTUE OF THAT CERTAIN
"GRANT DEED" DATED FEBRUARY 8, 1917 RECORDED FEBRUARY 20, 1917 IN BOOK 299 AT
PAGE 395;
E.R. WERDIN AND MINNIE D. WERDIN, HUSBAND AND WIFE, BY VIRTUE OF THAT CERTAIN
"GRANT DEED" DATED JUNE 26, 1917 AND RECORDED JULY 6, 1917 IN BOOK 302 AT PAGE
241;
ALDRICH LAND COMPANY, A CORPORATION, BY VIRTUE OF THAT CERTAIN "GRANT DEED"
DATED JANUARY 18, 1924 AND RECORDED JANUARY 21, 1924 IN BOOK 513 AT PAGE 215;
ANAHEIM BEEF AND PROVISION COMPANY, A CORPORATION, BY VIRTUE OF THAT
CERTAIN "CORPORATION GRANT DEED" DATED DECEMBER 21, 1917 AND RECORDED
DECEMBER 29, 1917 IN BOOK 317 AT PAGE 24; AND
SUBJECT TO AN EASEMENT IN FAVOR OF THE BURLINGTON NORTHERN SANTA FE
RAILROAD, SUCCESSOR IN INTEREST TO THE ATCHISON, TOPEKA & SANTA FE RAILWAY
COMPANY, FOR THE PURPOSE OF PROVIDING AND MAINTAINING RAIL SERVICE TO
ADJACENT INDUSTRY, BY VIRTUE OF THAT CERTAIN "EASEMENT DEED" FROM THE SAID
UNION PACIFIC RAILROAD COMPANY, DATED DECEMBER 20, 1993, AND RECORDED MARCH
29, 1995, AS INSTRUMENT NUMBER 95- 0124338 OF OFFICIAL RECORDS AFFECTING THAT
PORTION OF THE ABOVE-DESCRIBED TRACT DESCRIBED THEREIN;
SUBJECT TO AN EASEMENT IN FAVOR OF THE CITY OF ANAHEIM, CALIFORNIA; FOR THE
PUBLIC UTILITY PURPOSE OF INSTALLATION AND MAINTENANCE OF UNDERGROUND AND
OVERHEAD ELECTRICAL AND RELATED TELECOMMUNICATION FACILITIES, BY VIRTUE OF
THAT CERTAIN "GRANT OF NON-EXCLUSIVE EASEMENT' FROM THE SAID UNION PACIFIC
VAR No. 2006-04694jkn.doc -1- ZA2006-22
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RAILROAD COMPANY DATED SEPTEMBER 20, 1994, RECORDED JULY 18, 1995, AS
INSTRUMENT NUMBER 95-0304242 OF OFFICIAL RECORDS, AFFECTING THAT PORTION OF
THE ABOVE-DESCRIBED TRACT DESCRIBED THEREIN;
SUBJECT TO A RIGHT OF WAY AND EASEMENT FOR AGRADE-SEPARATED, PUBLIC
FREEWAY COMMONLY KNOWN AS THE "RIVERSIDE FREEWAY (STATE ROUTE 91)", IN
FAVOR OF THE STATE OF CALIFORNIA, BY VIRTUE OF THAT CERTAIN "DEED OF
EASEMENT" FROM THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY AND UNION
PACIFIC RAILROAD COMPANY TO THE STATE OF CALIFORNIA, BEARING A DATE OF JUNE
11, 1957, THE SAID INSTRUMENT HAVING BEEN FILED FOR RECORD ON DECEMBER 4, 1957
AND RECORDED IN BOOK 4124, PAGE 257, AS INSTRUMENT NUMBER 156668 OF OFFICIAL
RECORDS, AFFECTING THAT PORTION OF THE ABOVE-DESCRIBED TRACT DESCRIBED
THEREIN.
SUBJECT FURTHER, TO A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ROADWAY, IN
FAVOR OF UNION PACIFIC RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, BY
MEANS OF THE MOST TRAVELED PATH, FOR THE PURPOSE OF REASONABLE AND
NECESSARY ACCESS, VEHICULAR AND PEDESTRIAN, TO AND FROM UNION PACIFIC
RAILROAD COMPANY PROPERTY SITUATE NORTHERLY OF THE RIVERSIDE FREEWAY
(STATE ROUTE 91) AND A PUBLIC ROADWAY KNOWN AS "COMMERCIAL WAY", IN
ACCORDANCE, HOWEVER, WITH APPLICABLE ORDINANCES AND REGULATIONS AS
IMPOSED BY ALL GOVERNING AUTHORITIES.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on September 28, 2006 at 9:30 a.m. following a continuance of this item from the September 14,
2006 hearing, 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, said Zoning Administrator, 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 petitioner proposes waiver of the following to permit a new wall sign on an
existing self storage building:
SECTION NO 18.44.110.010.0103 Maximum letter height for wall signs
24 inches permitted; 48 inches proposed)
2. That given the substantial distance of the building to the public right-of-way, and the minimal
visibility of the building due to the building setback, that there are special circumstances applicable to the
property such as size, shape, topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity to justify the requested waiver of maximum letter height for wall signage.
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 15311, 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 Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
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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. [Added at public hearing] That the subject wall sign shall be permitted with forty-eight (48)
inch high letters on the top row and twenty-four (24) inch high letters on the bottom row only.
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, 2, and 3, 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 Nos. 1 and 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
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
September 28, 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
ATTEST•
r ~~
SENIOR SECRE NAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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
September 28, 2006.
C~l~
IN WITNESS WHEREOF, I have hereunto set my hand this ~'> day of
n , 2006. ,
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SR. SECRET RY, ANAHEIM ZONING ADMINISTRATOR
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