90-226 RESOLUTION NO: 90R-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 4049, IN
PART.
WHEREAS, after a request for variance to permit two
free standing signs, 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. 4049 was granted,
in part, covering the following described property:
PARCEL 1: THAT PORTION OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, S.B.B. & M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY
LINE OF THE STATE HIGHWAY 60 FEET WIDE, AS DESCRIBED
IN DEED RECORDED JULY 10, 1914, IN BOOK 258, PAGE 65
OF DEEDS, WITH THE NORTH LINE OF THE PARCEL OF LAND
CONVEYED TO IRA A. KEESSEE AND WIFE BY DEED RECORDED
DECEMBER 30, 1927, IN BOOK 120, PAGE 75 OF OFFICIAL
RECORDS; THENCE N 89° 49' 45" E, ALONG THE NORTH LINE
OF SAID PARCEL 402.96 FEET TO A POINT IN THE WEST LINE
OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD
COMPANY, AS SAID RIGHT OF WAY IS DESCRIBED IN DEED
RECORDED MAY 9, 1899, IN BOOK 40, PAGE 3?5 OF DEEDS;
THENCE N 14° 59' W ALONG SAID RIGHT OF WAY LINE 9?.90
FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO
THOMAS HORN AND WIFE BY DEED RECORDED DECEMBER 9,
1940, IN BOOK 1074, PAGE ?? OF OFFICIAL RECORDS;
THENCE S 89° 20' 50" W ALONG THE SOUTH LINE OF SAID
HORN PARCEL 454.88 FEET TO THE SOUTHWEST CORNER OF
PARCEL 1 OF THE LAND CONVEYED TO N. S. KBIRSEY AND
WIFE BY DEED RECORDED DECEMBER 9, 1940, IN BOOK 1071,
PAGE 231 OF OFFICIAL RECORDS, SAID CORNER BEING IN THE
NORTHEASTERLY LINE OF SAID STATE HIGHWAY; THENCE ALONG
SAID HIGHWAY LINE S 40° 50' 15" E, 119.43 FEET TO THE
POINT OF BEGINNING.
PARCEL 2: THE SOUTHERLY 50 FEET LYING EASTERLY OF THE
NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED
TO N.S. KEIRSEY AND WIFE RECORDED DECEMBER 9, 1940, IN
BOOK 1071, PAGE 251 OF OFFICIAL RECORDS, OF THAT
PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10
WEST, S.B.B. & M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THE 60
FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD, AS
SAID RIGHT OF WAY IS DESCRIBED IN DEED RECORDED MAY 9,
1899, IN BOOK 40, PAGE 375 OF DEEDS, DISTANT
VARIANCE 4049
THEREON SOUTHEASTERLY 439.55 FEET FROM THE NORTH LIE
OF SAID SECTION 26; THENCE WESTERLY PARALLEL WITH THE
NORTH LINE OF SAID SECTION 26, 753.24 FEET TO THE
CENTER OF THE 60 FOOT CALIFORNIA STATE HIGHWAY, AS
DESCRIBED IN DEED RECORDED JULY 10, 1914, IN BOOK 258,
PAGE 65 OF DEEDS; THENCE S 40° 49' 30" E ALONG THE
CENTER OF SAID HIGHWAY TO THE SOUTHWESTERLY EXTENSION
OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO
NORRIS S. KEIRSEY AND WIFE BY DEED RECORDED NOVEMBER
9, 1943, IN BOOK 1215, PAGE 472 OF OFFICIAL RECORDS;
THENCE N 49° 09' 45" E ALONG SAID SOUTHWESTERLY
EXTENSION AND ALONG SAID NORTHWESTERLY LINE, 125.41
FEET TO THE MOST NORTHERLY CORNER OF SAID LAND
CONVEYED TO KEIRSEY; THENCE S 40° SO' 15" E 180.76
FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED AS
PARCEL 1 IN THE DEED TO N. S. KEIRSEY AND WIFE
RECORDED DECEMBER 9, 1940, IN BOOK 1071, PAGE 231 OF
OFFICIAL RECORDS; THENCE N 89° 20' 50" E TO A TWISTED
IRON BAR IN THE WESTERN LINE OF THE RIGHT OF WAY OF
THE SOUTHERN PACIFIC RAILROAD COMPANY ABOVE DESCRIBED,
WHICH IS DISTANT THEREON N 15° 31' W 462.38 FEET FROM
THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 26; THENCE
NORTHWESTERLY ALONG SAID WESTERLY LINE 453.19 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 3: THAT PORTION OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH,
RANGE 10 WEST S.B.B. & M., DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON STAKE IN THE NORTHEASTERLY LINE
OF THE 60 FOOT STATE HIGHWAY NO. 101, AS DESCRIBED IN
DEED RECORDED JULY 10, 1914, IN BOOK 258, PAGE 65 OF
DEEDS, DISTANT N 40° 50' 15" W 582.81 FEET FROM ITS
INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE
N 89° 24' 30" E, ALONG THE SOUTH LINE OF THE LAND OF
THOMAS HORN AND WIFE, AS SAID LINE WAS ESTABLISHED BY
AN EXCHANGE OF DEEDS DATED DECEMBER 4, 1940, RECORDED
DECEMBER 9, 1940 IN BOOK 1074, PAGE 77 AND IN BOOK
1071, PAGE 230 OF OFFICIAL RECORDS, RESPECTIVELY, A
DISTANCE OF 125 FEET; THENCE N 40° 50' 15" W, PARALLEL
WITH THE NORTHEASTERLY LINE OF SAID 60 FOOT STATE
HIGHWAY NO. 101, 80.76 FEET, MORE OR LESS, TO A POINT
100 FEET S 40° 50' 15" E FROM TttE MOST NORTHERLY
CORNER OF THE LAND CONVEYED TO NORRIS S. KEIRSEY AND
WIFE BY DEED RECORDED NOVEMBER 9, 1943, IN BOOK 1215,
PAGE 472 OF OFFICIAL RECORD; THENCE S 49° 09' 45" W
PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LAND OF
KEIRSEY, 95.41 FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 11, PAGE 18
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
-2- VARIANCE 4049
PARCEL 4: BEGINNING AT THE NORTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 2 OF THE
DEED RECORDED JUNE 9, 1954, IN BOOK 2?42, PAGE 414 OF
OFFICIAL RECORDS; THENCE SOUTH 89° 20' 50" W, ALONG
THE NORTH LINE SAID PARCEL OF LAND 288.98 FEET TO A
POINT BEING AN ANGLE POINT IN THE BOUNDARY LINE OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED
RECORDED AUGUST 15, 1952, IN BOOK 23?0, PAGE 306 OF
OFFICIAL RECORDS; THENCE 0° 04' 05" E 11.57 FEET TO A
POINT ; THENCE N 89° 20' 50" E 285.?? FEET TO A POINT
IN THE WESTERLY RIGHT OF WAY LINE OF THE SOUTHERN
PACIFIC RAILROAD; THENCE S 15° 31' 00" E ALONG SAID
WESTERLY LIEN, 11.97 FEET TO THE POINT OF BEGINNING.
PARCEL 5: BEGINNING AT THE MOST WESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 2 OF
THE DEED RECORDED JUNE 9, 1954, IN BOOK 2?42, PAGE 414
OF OFFICIAL RECORDS; THENCE N 89° 20' 50" E ALONG SAID
NORTH LINE, 70.00 FEET TO AN ANGLE POINT IN THE
BOUNDARY LIEN OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN THE DEED RECORDED AUGUST 15. 1952, in BOOK 2370,
PAGE 306 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY;
THENCE N 0° 04' 05" E 11.57 FEET TO A POINT; THENCE S
89° 20' 50" W 79.91 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED AS PARCEL 1 IN THE DEED RECORDED DECEMBER 9,
1940, IN BOOK 1071, PAGE 231 OF OFFICIAL RECORDS;
THENCE S 40° 50' 15" E 15.13 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
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 to permit two free standing signs on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
-3= VARIANCE 4049
SECTIONS 18.05.098.011 Maximum number of freestanding signs.
and 18.61.067 (1 sign permitted; 2 s..__~_g~ approved)
SECTIONS 18.05.093.023 Permitted location oi ireestanding signs.
18.05.098.011 (48 feet from northwest property line
and 18.61.067 requ~; 7 feet approved)
SECTIONS 18.05.098.011 Maximum sign area within landscaped/
and 18.61.067 parkinK area. (100 sq.ft. permitted; 160
sq.--F[. approved)
That said variance be granted subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
fifty (50) feet in width from the centerline of the street
along Anaheim Boulevard for street widening purposes.
2. That subject signs shall conform to Engineering Standard No.
137 pertaining to sight distances.
3. That the signs authorized by this resolution shall be served
by underground utilities.
4. That no construction equipment shall be operated within ten
(10) feet of the overhead high voltage power lines. The
signs shall be constructed so as not to be within a twelve
(12) foot radius of the overhead 12KV power lines.
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 Exhibit Nos. 1 and 2;
provided, however, that the free-standing sign shall have a
maximum eight (8) by twenty (20) foot display area and a
maximum height of twenty-five (25) feet, and that there shall
not be any changeable copy on either the free-standing sign
or the monument sign.
6. 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 Section 18.03.090 of the Anaheim Municipal
Code.
7. That prior to final building and zoning inspections,
Condition Nos. 3, 4 and 5, above-mentioned, shall be complied
with.
8. 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
-4- VARIANCE 4049
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 10th day of July, 1990.
ATTEST:
~E CITY OF ANAHEIM
JLW:kh
3826L
080690
-S-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Gtty Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-226 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 10th day of July, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 90R-226 on the 11th day of July, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of July, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONOP. A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-226, duly passed and
adopted by the Anaheim City Council on July 10, 1990.
CITY CLERK OF THE CITY OF ANAHEIM