1985-046RESOLUTION NO. 85R-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3444.
WHEREAS, after a request for variance by BRITISH
MOTOR CAR DISTRIBUTORS, LTD., owner, and CAMT, INC. dba
ANAHEIM TOYOTA, 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. 3444 was
granted covering the following described property:
PARCEL A:
PARCEL NO. 2, AS SHOWN ON A MAP FILED IN BOOK
131, PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
PARCEL C:
PARCEL NO. 6, AS SHOWN ON A MAP FILED IN BOOK 4,
PAGES 5 TO 11 INCLUSIVE, OF STATE HIGHWAY
RELINQUISHMENT MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY
OF THE NORTHERLY LINE OF TRACT NO. 190, AS SHOWN
ON A MAP RECORDED IN BOOK 23, PAGE 50 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
PARCEL D:
THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN
ON A MAP RECORDED OF ORANGE COUNTY, CALIFORNIA,
AND THOSE PORTIONS OF LOTS 13, 14 AND X OF TRACT
NO. 190, AS SHOWN ON A MAP RECORDED IN BOOK 23,
PAGE 50 OF MISCELLANEOUS MAPS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT
COURSE DESCRIBED AS "NORTH 28° 24' 50" EAST
179.55 FEET" IN A DEED (STATE PARCEL NO. 152) TO
THE STATE OF CALIFORNIA, FILED DECEMBER 24, 1952
IN VOLUME 62, PAGE 15297 OF REGISTER OF TITLES IN
ORANGE COUNTY RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE ALONG THE
NORTHEASTERLY PROLONGATION OF SAID COURSE, NORTH
28° 24' S0" EAST 210.68 FEET TO THE SOUTHWESTERLY
TERMINUS OF THAT COURSE SHOWN AS "NORTH 28° 24'
50" EAST 101.57 FEET" IN THE BOUNDARY OF PARCEL 6
OF STATE HIGHWAY RELINQUISHMENT NO. 492 RECORDED
DECEMBER 27, 1966 IN BOOK 8136, PAGE 339 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY AND AS
DELINEATED AND SHADED ON A MAP RECORDED JUNE 17,
1966, IN BOOK 4, PAGE 9 OF STATE HIGHWAY
RELINQUISHMENT MAPS IN SAID OFFICE; THENCE ALONG
SAID BOUNDARY THE FOLLOWING COURSES:
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 67.00 FEET
THROUGH A CENTRAL ANGLE OF 61° 34' 35", AN ARC
DISTANCE OF 72.01 FEET AND SOUTH 89° 59' 25" WEST
23.79 FEET TO THAT COURSE DESCRIBED AS "SOUTH 6°
40' 00" WEST 407.30 FEET" IN A DEED (STATE PARCEL
NO. 148-1) FILED DECEMBER 25, 1941 IN VOLUME 37,
PAGE 99, GRANTEE'S DUPLICATE 8970, NEW
CERTIFICATE 9112 IN SAID OFFICE; THENCE LEAVING
SAID BOUNDARY AND ALONG LAST SAID COURSE, SOUTH
6° 40' 00" WEST 151.20 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 on the property hereinbefore
described with waivers of the following sections of the
Anaheim Municipal Code:
(a) SECTION 18.05.067.010 - Maximum height of a flashing sign.
(50 feet permitted; 70 feet
proposed)
(b) SECTIONS 18.05.093.022 - Maximum area of a freestandin
AND 18.05.098 sign. 350 square feet permitted;
501 square-feet proposed)
That said variance be granted subject to the following
conditions:
-2-
1. That the electrical service for subject sign shall
be provided underground.
2. That plans shall be submitted to the Building
Division showing compliance with the minimum
standards of the City of Anaheim, including the
Uniform Building, Electrical, Mechanical and Fire
Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any
necessary work.
3. That the owner of subject property shall submit a
letter requesting termination of Variance No. 3167
to the Planning Department.
4. That prior to commencement of the activity
authorized under this resolution, or prior to the
time that a building permit is issued, or within a
period of ninety (90) days from the date of this
resolution, whichever occurs first, the owner(s) of
subject property shall execute and record a covenant
in a form approved by the City Attorney's Office
wherein such owner(s) agree not to contest the
formation of any assessment district(s) which may
hereafter be formed pursuant to the provisions of
Development Agreement No. 83-O1 between the City of
Anaheim and Anaheim Stadium Associates, which
district(s) could include such owner's property.
Failure to comply with this condition within the
specified time shall deem this variance null and
void.
5. That prior to final building and zoning inspections,
the two (2) existing freestanding signs on subject
property shall be removed and subject sign shall be
the sole free-standing sign on the property.
6. That prior to issuance of a building permit, subject
sign shall be reviewed and approved by Caltrans. A
copy of said approval shall be submitted to the
Planning Department.
7. 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.
8. That prior to issuance of a building permit, or
within a period of one year from the date of this
resolution, whichever occurs first, Condition Nos.
2, 3 and 6, 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.
-3-
9. That prior to final building and zoning inspections,
Condition Nos. 1, 5 and 7, above-mentioned, shall be
complied with.
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
the City Council of the
of January 1985.
ATTEST:
RESOLUTION is approved and adopted by
City of Anaheim this 22nd day
OR OF THE CITY OF AHEIM
CITY CLERK OF THE CITY OF ANAHEIM
2345U
1/29/85
-4-
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. 85R-46 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~"'
the 22nd day of January, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-46 on the 22nd day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of January, 1985.
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. 85R-46 duly passed and adopted
by the Anaheim City Council on January 22, 1984.
.~/~
CITY CLERK