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Resolution-ZA 2006-20 RESOLUTION NO. ZA2006-20 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2006-04684 BE GRANTED (1129 -1193 NORTH KEMP STREET) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THAT PORTION OF THE SOUTH HALF qF THE NORTHEAST QUARTER OF T:~iE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN $ERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS; BEGINtVING AT THE NORTHEAST CCtRNER OF ?l1E TRACT dF LAND DESCRIBED AS PARCEL 4 itV THE DEED FROM U.S. INDUSTRIAL CHEMICALS, INC., TCi NATIONAL OISTiLLERS PRpDJCTS CORPORATibN, DATl=a3ULY 31, 1951 AND RECORDED DECEMBER 1$, 1951 IN BOOK Z2b5, PAGE 339, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECQR.r3ER OF SAID CAtJNTY OF ORANGE; RUNNING THENCE SOUTH 0° Ol' 30" cA57 ALONG THE EASTERLY LINE OF SAID LAND? OF NATIONAL DISTILLERS PRODUCTS CORPORATION 52.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUIi+IG SOUTH 0° 01' 30" EAST ALC}NG SAID EAS f I.iNE OF LANIr? OF NATIONAL DISTILLERS PRODUCTS CORPORATION Si$.66 FEET, THENCE SOUTH 89° 56' 30" (NEST 14.G4 FEET, THENCE NORTI-I 2° 2T 37" WEST 35.33 SET Tip A POINT ON A LINE THAT IS PARAt.LEL WITH ANCS 15.54 FEET WI_STERLY FROM TFfE BEFOREMENTIONED EAST LINE; THENCE NORTH 0° 01' 30" WEST PARALLEL WITH SAIL} EASTERLY LINE OF NATIONAL DISTILLERS PRODUCTS CORPt7RATION 364,80 FEET; THENCE NORTH 1° 53' 43" WI=ST 7f,50 FEET TD A POINT 4N A NONTANGENT CURVE HAVING A RADIUS OF 247.939 FEET, A RADIAL LINE TO SAID CURVC BEARIi~G NORTH 8g° 58' 3Q" EAST FROM SAID POINT; THENCE NOfiTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, THROUGk A CENTRAL ANGLE OF 20° 02' 2fa", A I]ISTANCI= OF 104.21 FEET TO'11~iE TRUE POINT OF BEGINNING. PARCEL 2: TFIAT PORTION 4F THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF' THE SOUTHUIIEST VAR No. 2006-04694jkn.doc -1- ZA2006-20 • i QUARTER, AND THAT PtIRTION dF THE NORTH OI~E-HALF OF THE SOUTHEAST QUARTER OF THE SCIUTN4VEST QUARTER OF SECTION 3, IN TOWNSHIR 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERfdIAN, DESCRIBED A5 FOLLOWS: BEGINNING AT A PQiNT 04~ THE WEST LINE OF PATT STREET, SAID PAINT BEING NQItTH 0° 02' WEST 223.25 FEET FROA9 THE SOUTHEAST CORNER OF LOT 24 OF GRE55lNELL SUBDNISION, AS SHOWN QN A MAP RECORDED IN BOOK 6, PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THENCE FROM SAID PAINT OF BEGINNING WEST 224.32 FEES; THENCE NORTH [?° d2' EAST' 167.34 FEET; THENCE SOUTH 89° 5T WEST ALONG T~iE CENTER LINE OF AN 6-INCH BRICK PARTY WALL. AND SAID CENTER LINE EXTENDED, 66.57 FEETI THENCE NORTH 0° 15' WEST 17 FEET; THENCE SOUTH 89° 59' 4wEST 52.48 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO U.S. INDUSTRIAL ALCOHOL COMPANY, RECORDED JANUARY 2a, 1922 IN 800K 1, PAGE. 364, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, 's HENCE NORTF€ 0° OI` WEST ALONG THE EAST LINE OF SAID LAND DESCRIBED IN SAID DEED TO THE NORTHEAST CORNER THEREOF; THENCE WEST 365 FEET TO THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 1N T'HE DEED TO U.S. INDUSTRIAL ALCOHOL COMPANY, RECORDED NOVEMBER 15, 1926 IN BQOK 689, PAGE $3, DEEDS; THENCE NORTFI 0° Lll' WEST ALONG SAID EXTENDED LINE TO THE NORTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF T'HE SOUTHWEST QUARTER OF SAID SECTION 3, THENCE EAST ALONG SAID NORTH l,IN~ TQ TI1E P~4RTtiEPST GARNER QF SAID SOUTH ONE-HALF; THENCE SOUTH ACTING THE EAST LINE OF SAID SOUTH ONE-HALF AND THE SdUTFEE'RLY EXTENSION THEREOF TII A POINT' 20 FEET EAST OF THE POINT OF $EGINNING; 'T'HENCE SOUTH ZO FEET TO THE POINT OF BEGINNING. EXCEPTING FROh9 THE ABOVE DESCRIBfIl PARCEL THE POINT THEREOF DESCRIBEII AS FOLLOWS: THAT PORTION OF THE SOtJ'TH ONE-tsALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, T{I4VN5HIP 4 SOLRH, RANGE 3.0 WEST, SAN BERNAR©INO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORiIER Of THE TRACT OF LAND DESCRIBED IN T1iE DEED TO THE U.S. INDUSTRIAL ALCOHOL COMPANY; RICORDED JANUARY 31, 192? IN BOOK 1, PAGE 364, OFFICIAL. RECORDS; THENCE WE57 365 #~EET TO THE INTERSECTION WITH THE T~fORTH€RLY EXTENSION OF THE WESTERLY LINE OF THE LAND IIESCRiBED RS PARCEL 2 IN THE DEED TO THE U.S. INDUSTRIAL ALCOHOL COMPANY, RECORDED NOVEMBER. t5, I926 IN BOOK. 689, PAGE 83, DEEDS; THENCE NORTH 0° 02' 30" 'NEST, ALONG SAID EXTENDED LINE 2$9.21 FEET T4 THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER. OF SAID SECTION 3; THENCE SOUTH 89° 58' 1S'" EAST, ALONG SAID NORTH LINE, 728.09 FEET TO THE NORTf•{ERST CORNER OF SAID SOUTH HALF; THENCE SOUTH 0° 03' 00~ EAST ALONG THE EAST LINE OF SAID SOUTH HALF, 20.95 FEET, MORE OR LESS, TO A Pt?INT ON A CIRCULAR CURVE, CQNCAVE TO THE SOUTHEAST, SAID CURVE BEING 10 FEET NORTHWESTERLY OF AND CONCENTRIC 1NTCN THE CENTER LINE OF THE EX;STING SPUR TRACK OF THE ATCHISON, `TOPEKA AND SANTA FE RAILWAY COMPANY AS THE SAME NOW EXISTS ON THE GROUND RUNNING NORTHEASTERLY ANT} SOUTHWESTERLY ACROSS SAID SOUTH HALF; THENCE SOUTHWESTERLY ALONG A LINE CONCE~ITftIC ANDfOR PARALLEL WITH AND 10 FEET NORTHWESTERLY FROM SAID CENTER. LINE OF A.T.S.F. COh1PANY SPUR AS IT NOW DCISTS ON TtE GROUND, TO A POINT QN THE.. EAST LINE QF SAID TRACT OF LANE] DESCRIBED IN THE DEED TO THE U.S. INt}iJS~IAL ALCOHOL COMPANY, RECORDED JANUARY 21, 1927 IN 30C3K 1, PAGE 364, OFFICIAL RECORDS; THENCE NORTH 0° 02' 30" WEST, ALONG THE EAST' LINE OF SAID LAND DESCRIBED IN SAID DEED, 32.06 FEET, MORE OR LESS, TO THE. POINT OF BEGINNING. -2- Z.A2006-20 • PAItCEI 3: • A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 14 WEST, SAN BERNARDTNO &4SE ANiI MERIDIAN, DESCRIBED As FOLLOws; BEGINNING AT THE SOUTHEAST CORNER pF LOT 24, GRESSWELL SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK. 6, PAGE 47, MISCELLANEOlfS MAPS, RECORDS OF ORANGE COUNTI'; THENCE NORTH 0° 02' WEST ALONG THE kNEST PROPERTY LINE OF PATT STREET 173.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE. CONTINUING NORTH 0° Q2' WEST ALONG SAId WEST PROPERTY L]NE OF PATE STREET 5d FEET; THENCE WEST 217 FEET; THENCE SOUTH fi3° 13' 04" WEST 54.23 FEET; THENCE EAST 23$ FEET TO THE POINT OF BEGIN~lING. PARCEL 4: REAL PROPERTY BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE lU WEST, SAIV BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST PROPERTY LINE QF PATT iEETf WHICH P4IMT IS NORTH 0° 02' WEST, A DISTANCE OF 113.25 FEET FROM THE NORTHEAST CORNER OF LOT 24, GRESSWELL SUBbPJIStON, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK. fi, PAGE 47, MISCELLANEOUS MAPS, RECORpS OF SAID ORANGE COUNTY; THENCE NORTH a° d2` WEST ALONG SAID WEST PROPERTY LINE OF PATT STREET, A DISTANCI: OF 10.U0 FEET TO THE NORTHEAST CORC~ER Of LAND OF GRANTOR; THENCE WEST 23$.00 FEETTO A POINT; THENCE. SOUTH 23° 45' W>_ST, A pISTANCE OF 10.93 FEET TO A POINT THENCE EAST 242.4fI FEET TO THE POINT taF BEGINNING. PARCEL 5: A TRACT OF LAND BEING A PORTION OF' THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3; TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINb BASE AND MERIDIAN AND MORE PAtTICL1LARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF PATT STREET, WHICH POINT IS NORTH d° 02' WEST, A DISTANCE OF 113.25 FEET FROM THE NORTHEAST GARNER OF lOT 24, GRESSWELL SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDE} IN BOOK 6, PAGE ~F7, MISCEILAfilI=0U5 MAPS, RECQItDS OF SAID ORANGE COUNTY'; SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND OF THE CITY fJF ANAHEIM; THENCE WEST 242.44 FEET TO A POINT; THENCE NORTH 23° A5' EA51`, A DISTANCE OF 14.93 FEET TO A POINT; THENCE NORTH 22° 45' 5b" EAST, A pISTANCE OF 54.23 FEET TO A PRINT; THENCE WEST 2.32 FEET TO A POINT; THENCE NORTH 0° 02" EAST, A DISTANCE. OF 157.34 FEET TO A POINT,. SAID POINT HE3~EINAFTER REFER1tED TO AS POINT "A"'; THENCE SOUTH 89° S7' V~E5T ALC7NG THE CENTER LINE OF AN EGFIT INCH BRICK PARTY WALL AND SAID CENTER LINE EXTENDED, A DISTANCE OF 56.57 FEET TO A POINT;: THENCE NORTH d° 15' YVEST 1.2.0 FEET TO A POINT, THE(VCE SOUTH By° 59' WEST, A DISTANCE OF 52.48 FEET TO THE EXTRE~tr NORTHWEST CORNER OF THE: LAND OF THE CITY QF ANAHEIM THENCE SOUTH 0° 01' EAST 352.5 FEF1` TO A POINT OF' IP,sTERSEGTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE; THENCE EAST' ALONG THE NORTH LINE OF SAID LOT Z3 AND IT'S WESTfRL.Y EXTENSION, A DISTANCE OF 194.14 FEET TO THE NORTHEAST CORNER OAF SAID I.OT; THENCE NORTH 45° 00" EAST 84.84 FEET TO A POINT; THENCE EAST 89.14 FEET,, MDRE OR LESS, TO THE WESTERLY PROPERTY LJNE OF PATT STREET; THENCE NORTH Oa d2" LYE5T ALONG THE WESTERLY PROPERTY LINE OF RATT STREET, A DISTANCE OF 53,25 SET, MORE OR LESS, TO THE POINT -3- ZA2006-20 • • OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTIES: PARCEL A - BEGINNING AT POINT "A" AS DESCRIBED AL30VE; Ti1ENCE SOUTH $9° 57` WEST ALONG THE EASTERLY EXTENSION OF THE CENTER LINE OF AN EIGHT INCH $RICK PARTY WALL, A bISTANCE OF 20_b? FEET TO THE EAST LINE OF AN EXIS CITlG $RIt~C BEIIIOING TO Ti-{E TREJE POINT OF BEGINNING; THENCE SOUTH 0° 02' WEST, A DISTANCE OF 50.2$ FEET; THENCE SOUTM $g° 57' WEST, A DISTANCE OF 54.90 FEET; THENCE NORTH 0° 02' EAST, A OISTANCE OF 23.0 FEET; THENCE NORTH 45° 02' EAST, A DI5TANCE OF 4.24 FEET, THENCE NORTH $9° 57' EAST, A DISTANCE OF 6.0 FEET} THENCE NORTH 0° 02' EAST, A DISTANCE OF 24.28 FEET TO A POINT ON THE CENTER LINE OF AN EIGHT INCH BRICK PARTY WALL; THENCE NORTH 89° 57' EAST ALONG THE CENTER LINE OF SAID BRICK PARTY WALL, A DISTANCE OF 45.90 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B THE EASTERLY 10 FEET OF THE PARCEL, OF PROPERTY HEREINABOVE DESCRIBED ALONG PAT-f' STREET FOR STREET WIDENING Pt~RPQ$~$, PARCEL C - COMMENCING AT THE NORTHWEST' CORNER OF LOT 2.3 OF GRESSV~tELL 5UBDIVISICItV, AS SHOWN ON A MAP RECORDEp IN BOOK 6, PAGE 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE 1NESI'ERLY 9.00 FEET; THENCE NORTH 0° 01' 22°' WEST 264.11$ FEET; TFtiENCE NORTH $9° 56" 3S'° EAST 47.40 FEET; THEN+GE NORTH Il° 11' S4" V1 EST 25.04 FEET TO THE TRUE PAINT flF BEGINNING; THENCE NORTM 89° 5T 55" WEST, A EISTANCE OF 4b.45 FEET; THENCE NORTH 0° 17' 2b" WEST 1.0$1 FEET; T3iENCE NORTH 89° 2$' 06~ EAST, A DISTANCE OF 46.45 FEET; THENCE SOUTH. 0° 11' S4" EAST 1.15 FEET TO T#1E TRUE POINT OF BEC,INMING. PARCEL D - COMMEldCING AT THE NORTHWEST CORNER OF LOT 23 OF GRESSWELL SUBDIVISI{}N, AS SHOWN ON A 1~7AP RECO3tDE0 IN BOOK b, PAGE 4?, MISCELLANEOUS h1AP5, RECORDS OF SAID ORANGE COUNTY; THENCg WESTERLY 9.00 FEET; THENCE. NORTH 0° 01' 22" WEST 2b4.08 FEET; THENCE NORTH 89° S$' 36" EAST 47,40 FEET`', THENCE NORTH p° ii' S4` WEST 2.5.00 FEET; THENCE NORThi 89° 57` 55" WEST 4G.45 FEET., THENCE NORTH 0° 17' 2fi" WEST 27..12 FEET TO THE TRUE POINT OF BEGINNING; THEfVCE' SOUTH $9° 57' S5" EAST' .61 FEET; THENCE N©RTM 0° iT 26" WEST 24.28 FEET;: THENCE SOUTH $9° 59' SB" WEST .80 FEET; THENCE SOUTH 0° 02' 00" WESfi 24.32 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6: THAT PC7RTION OF THE SOUTHWEST QUARTER OF SECTION 3 TOUtiIN'SNIP 4 SC3UTH, RANGE 14 VJE5T, IN THE RANCHO SAN JUAN CA]ON LTE SANTA ANA, AS SHO~'UN ON #~ MAP THEREOF RECORDED IN BOOK 51, PAGE I0, MISCEU.ANEOUS MAPS, RECORDS OF SAID ORANGL C©UAkTY, DESCRIBED A5 FOLLC-~IUS: -4- ZA2006-20 • • BEGINNING AT THE NORTHEAST CORNER OF LOT 23 OF GRESSWELL SUBDIVLSION, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 47 OE MISCELIANEC-U5 MAPS, REC(3RDS OF SAID ORANGE COUNTY, THENCE NORTH 45° 02' 47" EAST, A DISTANCE OF 84.$1 FEET; THENCE SOLffH 894 5$' 0$" EAST' 89.18 FEET; THENCE SOUTH 0° 02' 00" EAST 17.31 FEET; THENCE NORTH 894 5$' 08° WEST $9.18 FEET; THENCE SOUTH 0° 02' 00" EAST 42.69 FEET TO AN INTERSECTION WITH THE NORTH LINE OF lOT 24 OF SAID GRESSWELL SUBDIVISION; THENCE WESTERLY ALONG A PORTIONI OF THE NORTH LINE OF SAID LOT 24 ANE? THE WESTERLY PROLONGATION THEREOF TO 7HE POINT OF BEGINNING. .PARCEL. ?; lOT 23 AND THE WEST 45.08 FEET OF LOT 24 OF THE GRESSWEII SUBDIVISION, A5 SHOWN ON A MAP THEREOF RECORDED tN BOOK 6, PAGE 47, MI5CEtLAI~EOUS MAPS, RECORDS OF SAID ORANGE COUNTY. TOGETtiEit WITH THAT PQR7I4N OF Tt1E DE©ICflTED ALLEY (iS.OQ FEET WIDEN LYING BE~fYUEEN SAID LaTS 23 AND 24, AS VACATE[}, ABANDONED At~O CLOSED Tfl PlJBL1C USE BY RESOLUTION NC}. 65R-487 OF THE CITY OF ANAH£Ia1, A CERTIFIED coPY OF UVHICH WAS RECORDED 3UL't 15, 1965 I(V $OOK 7595, PAGE 49, OFFICIAL RECC~tDS. EXCEPTING THEREFROM THE SOUTHERLY 10 FEET OF SAID VA,CATEQ ALLEY. PARCEL. 8A: PARCEL 4 OF PARCEL MAP N0. $1-269, fN THE CITY C}F ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 171, PAGE~Sa 32 AND 33, OF PARCEL MAPS, IN THE OFFICE OF THE. COUNTY aECORDER OF SAID COUNTY. PARCEL 86: A 10 FOOT UVIDE PRIVATE SEINER. EASEMENT A5 RESERVEQ iN THE GRANT' DEED RECORDED JULY 30, 1982 AS INSTRUMENT N0.82-263206, OF OFFICIAL RECORDS. PARCEL 9A: A TRACT OF LAND BEING A PORTION OF THE SOIJTiiEAST QUARTER.. OF THE S(3UTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST', SAN I3ERNARpINO SASE AND MERIDIAN, DESCRIBED AS FOLLOWS: -5- ZA2006-20 • BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF PATT STREET, WHICH POINT IS NORTH 4°42' WEST, A dISTANCE OF 123.25 FEET FROM THE NORTHEAST CORNER Of= LOT 24, GftE55WELL SUBDIVISION, A5 SHOWN ON A f'4AP THEREOF RECORDED ON I300K b, PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; SAID POINT ALSO BEING THE NORT~iEAST CORNER OF LANG) OF THE CITY OF ANAHEIM; THENCE WEST 242.44 FEET TO A POINT; THENCE NORTH 23°95` EAST, A dISTANCE OF 10,93 FEET TO A POIPtT; THENCE NORTH 22°46'56" EAST, A DISTANCE OF 54.23 FEET TO A POINT; THENCE WEST 7.32 FEET TD A POINT; THENCE NORTH 4°02' EAST, A dlSTANCE OF 157.34 FEET TO A POINT, THENCE SOUTH 89°57' 1NEST ALONG THE EASTERLY EXTENSION OF THE CENTERLINE OF Aid EIGHT INtH BRICK PARTY WALL, A DISTANCE OF 20,67 FEET TO THE EAST LINE OF AN EXISTING BR[CK CiUADING TO THE. TRUE POINT OF BEGINNING; THENCE SOUTH 0°02' WEST, A dISTANCE OF 517.28 FEET; THENCE SOUTH $9°ST b'JEST, A DISTANCE OF 59.90 FEET; THENCE NORTH 0'02' EAST', A DISTANCE OF 23.0 FEET; THENCE NORTH 45°42' ERST, A DISTANCE OF 4.24 FEET; THENCE NORTH 89°57' EAST, A DISTANCE OF 6.D FEET; THENCE NORTfi 0°02' EAST, A DISTAfi~CE OF 24.28 FEET TO A POINT ON THE CENTER LINE 0+= AN EIGHT INCH BRICK PARTY WALL; THENCE NORTIi 89°57' EAST ALONG THE CENTER LINE OF SAID BRICK PARTY WALL, A DISTANCE OF 45.90 FEET TO THE TRUE DINT OF #?EGINNING. PARCEL 9B: COMMENCING AT THE NORT[-fWEST CORNER QF LOT 23 OF GRESSW'E1.L SUBDIVISION, AS SHOWN ON A MAP RECOR[~D IN SOAK 6, PAGE 47 OF MISCELLANEOUS MAPS, RECORDS 4F SA34 ORANGE COUNTY; THENCE WESTERLY 9,00 FEET; THENCE NORTH 0° 41' 22" WEST 264.fl$ FEET; THENCE NORTH $9° 58` 3$" EAST 47,40 FEET; THENCE NORTH 0° 11` 54h WEST 25.00 FEET TO THE TRUE POINT OF BEGCNNING; THENCE NORTH $9° 57' S5" WEST, A DISTANCE flF 46.45 FEET; THENCE NORTH 0° 17' 26` WEST 1.0$1 FEET; THEE`ICE NORTH 89° 2$' 06p EAST, A DISTANCE OF 4G.~5 FEET; THENCE SOUTH 0° it' 54" EAST 1..15 FEET' TO THE TRUE POINT OF BEGINNING. PARCEL 9C: COMMENCING AT THE NORTHWEST CORNER OF LOT 23 OF GRESSWELL SUBDIVISION, AS SHOWN qN A MAP RECORDEt) IN BOOK 6, PAGE 4~', MISCELLANEOUS MAC'S, RECORDS OF SAID ORANGE COUNTY; THENCE WESTERLY 9,00 FEET; THENCE NORTH 0° 01` 22" WEST 254.08 FEET; THENCE NORTH 89° 58' 38" EAST' 87.44 FEET; THENCE NORTH 0° 11' S4"' WEST 25.00 FEET; THENCE NORTH 89° S7' S5" WEST 4b.45 FEET'; THENCE NORTH 0° 17" 26"' WEST 27.12 FEET TO THE TRUE POINT OF 6EGIfVNING; THENCE SOUTH $9° S?` 55" EAST .61 FEET; THENCE NORTH a° 17' 26" WEST 24.28 FEET; THENCE SOUTH $9° 59` 58" WEST' .$0 FEET, THENCE SOUTH 0° 02' DO" WEST 24.32 FEET TO THE TRUE POIfrT 0i= BEGINNING, WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on September 14, 2006 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: -6- ZA2006-20 • That the petitioner proposes waiver of the following to construct an industrial complex: SECTION NO 18.40.020.040 Lot frontage abutting a public or private street. (Lot frontage required; no frontage proposed for Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, and 11) 2. That the requested waiver pertaining to lot frontage on a public or private street is hereby approved since there are special circumstances applicable to the property which apply to other properties under the identical zoning classification in the vicinity and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity. 3. That the above-mentioned waiver is appropriate since there is adequate circulation throughout the property, and further that the entire integrated industrial complex would be tied together through an unsubordinated restricted covenant providing reciprocal access and parking prior to the recordation of the final map. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 5. That nobody indicated their presence at said public hearing in opposition, and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That a Negative Declaration has been prepared for the project and it finds no significant environmental impact and, therefore, is hereby approved upon a finding by the Zoning Administrator that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the 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 No. 1, as conditioned herein. 2. 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. i ,above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. 3. 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. 4. [Added at the public hearing] That a vehicular barrier shall be provided at the terminus of each driveway abutting the south property line of the subject property, thereby eliminating direct vehicular access to Kemp Street. -7- ZA2006-20 • ! BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of September 14, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~~/y~~ ~~ DATE ANAHEIM ZONING ADMINISTRATOR A S ~ ~` ~ S NIO SEC ,ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on September 14, 2006. WITNESS WHEREOF, I have hereun et my hand this .~~ day of .+., 2006. b 'i SR. SE RE AHEIM ZONING ADMINISTRATOR -8- ZA2006-20 September 14, 2006 North Anaheim Associates, LLC Attn: Brian Malliet 3185 Pullman Avenue Costa Mesa, CA 92626 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of September 14, 2006. 2a. CEQA NEGATIVE DECLARATION 2b. VARIANCE NO. 2006-04684 2c. TENTATIVE PARCEL MAP NO. 2005-290 OWNER: North Anaheim Associates, LLC 3185 Pullman Avenue Costa Mesa, CA 92626 AGENT: Development Resource Consultants ATTN: Greg Cooke 8175 East Kaiser Bouelvard Anaheim, CA 92808 LOCATION: 1129 - 1193 North Kemp Street: This irregularly-shaped 20-acre property has a frontage of 183 feet on the west side of Kemp Street, a maximum depth of 377 feet and is located 448 feet north of the centerline of La Palma Avenue. Variance No. 2006-04684 - To waive the requirement for a lot to front on a public or private street. Tentative Parcel Map No. 2005-290 - To establish a 12-lot industrial subdivision and a 4-unit airspace industrial subdivision for one of the parcels. ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 12-lot industrial subdivision and a 4-unit airspace industrial subdivision for one of the parcels and does hereby approve a CEQA Negative Declaration as defined in the State CEQA (California Environmental Quality Act) Guidelines. The Anaheim Zoning Administrator does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2005-290, to establish a 12-lot industrial subdivision and a 4-unit airspace industrial subdivision for one of the parcels subject to the following conditions: 1. That the legal property owner shall execute an unsubordinated restricted covenant concerning the proposed shared driveways. The unsubordinated restricted covenant shall include provisions for the maintenance of the driveway and recordation of an ingress/egress easement for the benefit of Parcel 2. The unsubordinated restricted covenant shall be in a form approved by the City Attorney's Office and shall be recorded concurrently with the Parcel Map. 2. That an unsubordinated restricted covenant providing reciprocal access and parking approved by Planning Services Department and in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Development Services Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. - 1 of 2 - Excerpt Subtpm No. 2005-290 • 3. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, and a maintenance exhibit. The covenant shall also include provisions for regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. This covenant shall be recorded concurrently with the final map. 4. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical deign), along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, and 6, herein-mentioned, shall be complied with. 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. Sin ely, c.~~~ Pat C andler, Senior Secretary Anaheim Zoning Administrator - 2 of 2 - Excerpt Subtpm No. 2005-290