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91-032 RESOLUTION NO. 91R-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4103. WHEREAS, after a request for variance to permit multiple freestanding 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. 4103 was granted in part, covering the following described property: PARCELS 1 THROUGH 8 INCLUSIVE, AS SHOWN ON PARCEL MAP NO. 87-446 AS PER MAP FILED IN BOOK 253, PAGES 41, 42 AND 43 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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 (2) freestanding signs on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.05.098.011 - Maximum number of freestandinq signs. and 18.73.020-100 (~ permitted; ~ proposed) SECTIONS 18.05.093.023 - Permitted location of freestandinq signs. and 18.73.020-100 (minimum 120 feet setback from interior property lines required; 25 and 93 feet proposed for 2 signs) That said variance be granted subject to the following conditions: 1. That an unsubordinated covenant in a form satisfactory to the City Attorney and Zoning Division shall be recorded with the Office of the Orange County Recorder to guarantee that the entire mixed use complex approved in VAR #4103 connection with Specific Plan No. 88-3 shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, land usage and architectural control and that the covenant will be referenced in all deeds transferring all or any part of the property. 2. 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, 2, 5, 6 and 7; provided, however, that only the two (2) primary project identification monument signs (labeled "1-1" on the exhibits) shall be permitted in connection with this variance. 3. 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 No. 1, 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. 4. That prior to final building and zoning inspections, Condition No. 2, above-mentioned, shall be complied with. 5. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of February, 1991. ATTEST: MA~OR OF THE CItY OF~AHEIM K OF TH~'CITY OF ANAHEIM JLW:dnl/R34VAR4103.113/021291 VAR ~4103 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-32 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Ceuncil held on the 5th day of February, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None AHSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-32 on the 15th day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the sea]. of the City of Anaheim this 15th day of February, 1991. CITY CLERK OF 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. 91R-32, duly passed and adopted by the city Council of the City of Anaheim on February 5, 1991. ~CLERK OF THE C~~ OF ANAHEIM