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RES-1989-073RESOLUTION NO. 89R-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING ADMINISTRATIVE ADJUSTMENT NO. 88-24 WHEREAS, after a request for an Administrative Adjustment pursuant to the provisions of Section 18.12.080 of the Anaheim Municipal Code was received from Andro Peterson and Sam and Lila P. Zona, owners, a result of which the Zoning Administrator of the City of Anaheim granted Administrative Adjustment No. 88-24, relating to the real property commonly known and described as: 41S West Katella Avenue, Anaheim, 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 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. The request is for less than a ten percent (10%) deviation from the applicable dimensional or percentage limitations or requirements of Title 18 of the Anaheim Municipal Code; and 2. The adjustment will not adversely affect the adjoining land uses; and 3. The granting of the adjustment under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Zoning Adjustment No. 88-24 be, and the same is hereby, granted permitting a 'Triple A' (AAA) sign panel and a 'Budget Host' sign panel on a freestanding sign at a motel on the property hereinbefore described with the following deviations or waivers from the provisions of Title 18 of the Anaheim Municipal Code: SECTIONS 18.05.093.022 - and 18.48.067.040 Maximum area of freestanding sign. (220 sq. ft. permitted for 110 feet of street frontage; 238.5 sq. ft. proposed) That said administrative adjustment be granted subject to the following condition: I . That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. I and 2. · That the legal owner of subject property shall furnish the City of Anaheim with an agreement, in a form approved by the City Attorney, wherein such owner agrees to remove the two (2) sign panels specifically approved in connection with subject variance (advertising 'AAA' and 'Budget Host' and totaling 22.5 sq.ft, in area) at his/her expense and without compensation if such removal is required by the City of Anaheim following any amendment to the Anaheim Municipal Code pertaining to permitted business signage in the CR 'Commercial, Recreation' Zone which increases the degree of nonconformity of said sign to the Anaheim Municipal Code (e.g. prohibits such signs, results in a greater limitation on the size of such signs, etc.). Said agreement shall be recorded in the Office of the Orange County Recorder and a copy of the recorded agreement shall be furnished to the Zoning Division· · That within a period of thirty (50) days from the date of this resolution, Condition No. 2, above-mentioned, shall be complied with. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said condition is complied with within said thirty (30) days, or such further time as the City Council may grant. · 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. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of March, 1989. C OF THE CITY OF ANAHEIM OLW/dg 2985L/032089 -2- AdmAdj 8~-24 CLERK 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. 89R-73 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of March, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-73 on the 29th day of March, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-73 duly passed and adopted by the Anaheim City Council on March 7, 1989. CITY CLERK OF THE CITY OF ANAHEIM