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97-158RESOLUTION NO. 97R -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4302, IN PART. WHEREAS, after a request for variance to permit a 50- foot high, double- faced, 299 sq.ft. freestanding pole sign, including a 70 sq.ft. electronic reader board, 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. 4302 was approved, in part, covering the following described property: PARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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, to permit a 38 -foot high, double- faced, 216 sq. ft. freestanding pole sign, including a 70 sq. ft. electronic reader board on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 18.05.098 and 18.61.067 Permitted type of sign. (marquee [changeable copyl signs prohibited; electronic reader board advertising sign proposed) Sections 18.05.098.011 Permitted size of freestanding and 18.61.067 signs. (100 sq. ft. permitted in front setback; 216 sq. ft. proposed That said variance be granted subject to the following conditions: 1. That only one (1) freestanding sign shall be permitted on this property. 2. That this pole sign (Revision No. 3 of Exhibit No.2) is approved for a period of four (4) years until August 19, 2001; and that on or before August 20, 2001, the total display area of the sign shall be reduced to and thereafter shall be limited to, one hundred (100) sq. ft. 3. That the reader board sign (changeable copy marquee sign) is approved for as long as the cellular phone business (Global Cellular) occupies this site. The sign shall be removed at such time as said business ceases to operate at this location. 4. That the reader board sign copy shall be limited to the time temperature, date and on -site business services (Global Cellular). 5. That 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 Revision No. 1 of Exhibit No. 1 (site plan) and Revision No. 3 of Exhibit No. 2 (site plan). 6. That within a period of one(1) year from the date of this resolution, Condition No. 5, 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 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 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 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of August, 1997. ATTEST; CITY CLERK OF THE CITY OF ANAHEIM 0024183.01 O MAY R OF THE CITY sf ANAHEIM 3 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -158 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of August, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: Tait, Zemel, Lopez NOES: MAYOR /COUNCIL MEMBERS: McCracken, Daly ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -158 on the 19th day of August, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of August, 1997. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -158 was duly passed and adopted by the City Council of the City of Anaheim on August 19th, 1997. CITY CLERK OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM