RES-1989-074 RESOLUTION NO. 89R-74
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO. 3897.
WHEREAS, after a request for variance by NORTHWEST MOTOR
WELDING INC, owner, and SHOOK BUILDING SYSTEMS INC., agent,, was
received, a public hearing before the Zoning Administrator of the
City of Anaheim was held upon due and proper notice, a result of
which Variance No. 3897 was granted covering the following
described property:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST
IN THE RANCHO SAN JUAN CAJUN DE SANTA ANA, IN THE CITY
IF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
AT A POINT ON THE NORTH LINE OF EAST LA PALMA AVENUE,
NORTH 30.00 FEET FROM THE MONUMENTED CENTER LINE OF
SAID EAST LA PALMA AVENUE AND EASTERLY 406.87 FEET
MEASURED ALONG SAID NORTH LINE FROM THE MONUMENTED
CENTER LINE OF NORTH OLIVE STREET; THENCE EAST 190.00
FEET ALONG SAID NORTH LINE; THENCE NORTH 240.00 FEET
ALONG A LINE PARALLEL TO THE MONUMENTED CENTER LINE OF
NORTH OLIVE STREET; THENCE WEST 190.00 FEET ALONG A
LINE PARALLEL WITH SAID NORTH LINE; THENCE SOUTH
240.00 FEET TO THE POINT OF BEGINNING.
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 10 WEST,
S.B.B.&M, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF EAST LA
PALMA AVENUE WHICH POINT IS 30 FEET NORTH OF THE
MONUMENTED CENTER LINE OF SAID EAST LA PALMA AVENUE
AND 596.87 FEET EAST, MEASURED ALONG SAID NORTH LINE,
FROM THE MONUMENTED CENTER LINE OF NORTH OLIVE STREET,
WHICH STREET IS THE OLIVE STREET CONVEYED TO THE CITY
OF ANAHEIM BY DEED RECORDED FEBRUARY 1, 1926, IN BOOK
625, PAGE 367 OF DEEDS; THENCE EAST ALONG SAID NORTH
LINE OF EAST LA PALMA AVENUE A DISTANCE OF 189.92 FEET
TO A POINT WHICH IS 30 FEET WEST OF THE EAST CITY
LIMIT LINE, AS THE SAME EXISTED ON DECEMBER 10, 1946;
THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE
SAID EAST CITY LIMIT LINE 240 FEET TO A POINT; THENCE
WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF EAST
LA PALMA AVENUE, A DISTANCE MONUMENTED CENTER LINE OF
SAID NORTH OLIVE STREET, A DISTANCE OF 240 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 Zoning Administrator 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:
.
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; and
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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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
.
The variance will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect the adjoining
land uses; and
.
The granting of the variance 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 a conditional zoning variance be, and the same
is hereby, granted permitting a 6,120 square foot warehouse
addition to an existing industrial building on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
SECTIONS 18.06.050.0212
18.06.050.031
18.06.080
AND 18.63.066.050
Minimum number of
parking spaces.
(101 spaces required;
79 spaces existing)
SECTION 18.63.063.011
Minimum front setback.
(50 feet required
along La Palma Avenue;
none proposed)
That said variance be granted subject to the following conditions:
.
That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council resolution.
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That prior to issuance of a building permit, a faithful
performance bond in an amount approved by the City Engineer
shall be posted with the City of Anaheim to guarantee the
removal of existing street improvements along La Palma Avenue
and reconstruction/construction of full street improvements at
the ultimate location prior to final building and zoning
inspection.
That the existing most southerly driveway on Sabina Street
shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
That all engineering requirements of the City of Anaheim along
Pauline Street, including preparation of improvement plans and
installation of all improvements such as curbs, and gutters,
sidewalks, water facilities, street grading and pavement,
sewer and drainage facilities, or other appurtenant work shall
be complied with as required by the City Engineer and in
accordance with specifications on file in the Office of the
City Engineer and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion
of said improvements. Said security shall be posted with the
City prior to approval of improvement plans, to guarantee the
installation of the above-required improvements prior to
occupancy.
That chain link gates shall be removed or installed in
compliance with Engineering Division Standard Detail No. 137.
That the commercial driveway approach shall be constructed in
compliance with Engineering Division Standard Detail No. 137.
That prior to issuance of a building permit, the appropriate
fees due for primary mains and fire protection service shall
be paid to the Water Utility Division in accordance with Rules
1SA and 20 of the Water Utility Rates, Rules and Regulations.
The street lighting facilities along La Palma Avenue shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or that security in the form of a
bond certificate of deposit letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion
of the above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to issuance of a
building permit to guarantee the installation of the
above-required improvements prior to occupancy.
That subject proposal authorized by this resolution shall be
served by underground utilities.
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10. That fire sprinklers shall be installed as required by the
City Fire Department.
11. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of ^nahiem marked exhibit Nos. 1,2, and 5.
12. That prior to final building and zoning inspections, all of
the parking spaces shown on Exhibit No. 1 shall be available
for employee and customer parking and that there shall be no
outdoor storage whatsoever in any of the spaces.
15. 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, 2, 4, 7 and 8,
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.
14. That prior to final building and zoning inspections, Condition
Nos. 5, 4, 5, 6, 8, 9, 10, 11 and 12, above-mentioned, shall
be complied with.
15. 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.
~. MAYOR-OF T'H~TY O~AHE,M
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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2984L
031789
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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-74 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-74 on the 22nd day of March, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 22nd 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-74 duly passed and adopted
by the Anaheim City Council on March 7, 1989.
4J~TY CLERK OF THE CIl~f OF ANAHEIM