RES-1989-286RESOLUTION NO. 89R-286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3908.
WHEREAS, after a request for variance by CARL ZABY, 444
W. Katella Avenue, Anaheim, CA 92802, owner, and JAMES YOWELL,
350 W. Katella Avenue, Anaheim, CA 92802, agent, 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. 3908 was granted covering the following described
property:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK S1,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID
NORTHEAST QUARTER DISTANT NORTH 89 DEG. 54' 30" EAST
890.00 FEET FROM THE NORTHWEST CORNER OF SAID
NORTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE
NORTH 80 DEG. 54' 30" EAST 227.80 FEET TO THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
ANGELO ZABY AND CARL ZABY RECORDED JULY 27, 1962 IN
BOOK 6192, PAGE 727 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID ZABY
LAND, SOUTH 01 DEG. 21' 00" EAST TO A LINE PARALLEL
WITH AND SOUTHERLY 265.00 FEET FROM SAID NORTHERLY
LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89 DEG.
54' 30" WEST 227.80 FEET TO A LINE THAT BEARS SOUTH 01
DEG. 21' 00" EAST FROM THE POINT OF BEGINNING; THENCE
NORTH 01 DEG. 21' 00" WEST 265.06 FEET TO THE POINT OF
BEGINNING; 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
Variance 3908
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 permitting four (4) freestanding signs on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTIONS 18.05.093.021
an'd 18."4"8.06'7."'040
- Maximum number of freestanding signs
'(1 s~g,n peTmi'tted; "4 signs existlngi
SECTIONS 18.05.093.0211 -
and 18.4 8.067 ·'0"4"0
Minimum distance between freestanding sign.s.
(300"feet requi'r'ed; 5, ..... 7'0, and'130 feet
eXist'in'g')
SECTIONS 18.05.093.023
and 18.48.067.040
- Minimum distance between freestanding sign.s
a'n'd property lines.
(91 feet required to east and west property
lines, 20, 29 and 65 feet existing; and 82
feet required to south property line, 50
exiS'ting)
That said variance be granted subject to the following conditions:
I ·
That damaged and/or hazardous sidewalks shall be repaired
along Katella Avenue as required by the City Engineer and in
accordance with standard plans and specifications on file in
the Office of the City Engineer.
·
That the driveway on Katella Avenue 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.
·
That, as required by the City Traffic Engineer, the sign
closest to Katella Avenue shall be:
(a) Located at least seven (7) feet behind the public street
right-of-way; or
(b) The lowest portion of said sign shall be a minimum of
eight (8) feet above the finished grade; or
(c) The maximum overall height shall not exceed two (2) feet.
·
That a fee shall be paid to the City of Anaheim for street
lighting along Katella Avenue in an amount as established by
City Council resolution.
·
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 four
(4) signs specifically approved in connection with subject
variance at his/her expense if such removal is required by the
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Variance 5908
City of Anaheim as a result of amendment to the Anaheim
Municipal Code modifying permitted business signage in the CR
"Commercial, Recreation" Zone (for instance, to prohibit such
signs). Said agreement shall be recorded in the Office of the
Orange County Recorder and a copy of the recorded agreement
shall then be submitted to the Zoning Division.
·
That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 757 to
the Zoning Division.
·
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2.
·
That Condition Nos. 1 through 7, above-mentioned, shall be
completed within a period of ninety (90) days from the date of
this resolution.
9. That this variance shall expire and terminate on June 30, 1991·
10. 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 27th day of June, 1989.
ATTEST'
CITY CLERK OF THE CITY OF ANAHEIM
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3189L
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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-286 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of June, 1989, by the following vote of the members thereof:
AYES'
COUNCIL MEMBERS' Daly, Ehrle, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-286 on the 6th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of July, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAt)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-286 duly passed and
adopted by the Anaheim City Council on June 27, 1989.
CITY CLERK OF THE CITY OF ANAt~EIM