84R-487
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RESOLUTION NO. 84R-487
A RESOLUTIIN. OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3420, IN
PART (REHE RING).
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WHEREAS, af.ter a re,uest for variance by EUCLID
DEVELOPMENT. PARTNERS ..owner, AND LINCO CONSTRUCTORS, INC., agent,
was received, a publ C hear in, before the Planning Commission of
the City of Anaheim ,_s held ~pon due and proper notice, a result
of which Variance NOt 3420 wa$ granted, in part, covering the
following described ~~operty:
PARCEL 1 OF PAR;'.L MAP, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STAT :OF CALIgORNIA, AS PER MAP FILED IN
BOOK 8 PAGE 43 r PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER!~F SAID COUNTY: and
WHEREAS, t
an interested party
the review of said P
noticed and held as
City Council did fin
adopted its Resoluti
.reafter, within the time prescribed by law,
t the CiUy Council, on its own motion, caused
anning C~mmission action at a public hearing
tescribed by law and, as a result thereof, the
that said variance should not be granted and
n No. 84R-435 denying Variance No. 3420: and
WHEREAS, t~.reafter, within the time prescribed by law,
the applicant reques~.d, and was granted, a rehearing by the City
Council upon such re~uest: and
WHEREAS, a~ .the tim~ and place fixed for said rehearing,
the City Council did !ijold and conduct such rehearing and did give
all persons interest~ therein an opportunity to be heard, and did
receive evidence and !reports, and did consider the same; and
WHEREAS, u~n such rehearing and further consideration,
the City Council doe~find and determine:
1. That there jare special circumstances applicable to the
property, including ~ize, shape, topography, location or
surroundings, which ~ not apply to other property under identical
zoning classificatioq in the vicinity; and
2. That, becai,e of special circumstances shown in (1)
above, strict applic . ion of the zoning code deprives the property
of privileges enjoye . by other property under identical zoning
classification in the vicinity; and
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WHEREAS, t~ City Council does further find and determine
with regard to the prpposed waiver of certain off-street parking
requirements that:
Var 3420
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1. The varian~e would cause an increase in traffic
congestion in the im,~diate vicinity and adversely affect the
adjoining land uses; 'and
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2. The granti*g of the variance would be detrimental to the
peace, health, safett or general welfare of the citizens of the
City of Anaheim.
NOW, THERE~ORE, BE IT RESOLVED by the City Council of the
City of Anaheim that~ia conditi,onal zoning variance be, and the same
is hereby, granted p rmitting a commercial retail complex on the
property hereinbefor describ$d with waivers of the following
sections of the Anah 1m Municipal Code:
3.020 - Minimum structural setback.
an1 10 feet required along
operty ]ines; ~ proposed)
That said variance b~ granted subject to the following conditions:
4.
5.
6.
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7.
1.
That curbs land driv~ways shall be removed and/or
reconstruc~~d along Palm Lane as required by the City
Engineer aqd in accordance w~th standard plans and
specificat~ons on file in the Office of the City Engineer.
2.
That sidew~lk access ramps shall be constructed at Palm
Lane and E~lid Street in accordance with the City of
Anaheim st~dard detail.
3.
That prior !to issuance of a building permit, the
appropriat~ traffic signal assessment fee shall be paid
to the City! of Anaheim in an amount as determined by the
City Counci~ for new commercial buildings.
That draina~e of subject property shall be disposed of in
a manner sa!tisfactory to the City Engineer.
That trash ~torage areas shall be provided in accordance
with approv~ plans on file with the Street Maintenance
and Sanitation Division.
That prior ~o issuance of a building permit, primary
water main ~ees shall be paid to the City of Anaheim, in
an amount a~ determined by the Office of the Utilities
General Manfiger.
That this V~riance is granted subject to the completion
of Reclassi~ication No. 84-85-6, now pending.
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Var. 3420
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8. That bumper blocks or six-inch concrete curbing shall be
installed ~djacent to the on-site parking spaces abutting
Palm Lane ~n order to preclude automobiles from
overhangin~ the public right-of-way.
That all dtiveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City
Traffic En~ineer.
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9.
10.
11.
12.
13.
14.
That subje~t property shall be served by underground
utili ties. !
That priori to commencement of structural framing, fire
hydrants s.~ll be installed and charged as required and
determined! to be necessary by the Chief of the Fire
Department~
That all a~r conditioning facilities shall be properly
shielded ftom view, and the sound buffered from adjacent
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propertlesr
That the Pt~posal s~all comply with all signing
requiremen $ of the CL Zone, unless a variance allowing
sign waivet$ is approved by the Planning Commission or
City Counc,l.
That any Proposed
down-light. with
lighting f xtures
property lnes to
the area. '
p~rking area lighting fixtures shall
a maximum height of 12 feet. Said
s~all be directed away from adjacent
protect the residential integrity of
be
15. That sUbje,t property shall be developed substantially in
accordance;with plans and specifications on file with the
City of An4heim marked Revision No. 1 of Exhibit Nos. 1
and 2.
16. That prior 'to issua~ce of a building permit, or within a
period of ~me year from the date of this resolution,
whichever ~ccurs first, Condition Nos. 3, 6, and 7,
above-ment~Qned, shall be complied with. Extensions for
further ti~e to complete said conditions may be granted
in accordance with Section 18.03.090 of the Anaheim
Municipal dOde.
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17. That prior ,to final building and zoning inspections,
Condition ~os. 1, 2, 4, 5, 8, 9, 10, 12, 14 and 15,
above-ment~oned, shall be complied with.
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Var. 3420
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18. That the fPllowing uses shall not be permitted on the
premises ~d the owner of the property shall record a
covenant against the property in a form approved by the
City Attor~ey's Office prior to issuance of a b~ilding
permit res ;rictingthe use of the premises to exclude the
following . 'ses: video arcades, liquor stores, saunas and
turkish b~hs, pool halls and billiard parlors,bus
depots, bu~cher and poultry shops, mortuaries, used
furniture ~tores, bingo parlors, and beer bars.
19 That vehicplar egress from the property shall be limited
to right t~rns only and that prior to issuance of a
building p~rmit the owner of the property shall record a
covenant ip a form approved by the City Attorney's Office
so restric~ing egress.
BE IT' FURTtmR RESOLVED that the City Council of the City
of Anah~im ~oes herel>1r find ~nd determine th~t adoption o~ this .
Resolut~on ~s expres~[y pred~pated upon appl~cant's compl~ance w~th
each and all of the bbnditions hereinabove set forth. Should any
such condition, or a~y part thereof, be declared invalid or
u~enforceable by the' final judgment of any court of competent
jurisdiction, then t~' is Resolu, tion, and any approvals herein
con-tained, ~s'hall be'. ~emed nuJ;l and void.
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THE FOREGOt~G RESOLUTION is approved and adopted py the
City Council of the City of Anaheim th~:h~~~r. 1984.
MA~R~~aE. C~.~M
A'r'l'EST:
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Var. 3420
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss~
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Cferk of the City of Anaheim, do hereby certify that
the foregoing Resolution N . 84R-487 was introduced and adopted at a regular
meeting provided by law, 0 the City Council of the City of Anaheim held on
the 11th day of December, 984, by the fOllowing vote of the members thereof:
AYES:
COUNCIL MEMBER$: Kaywood, Bay, Pickler and Overholt
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NOES:
COUNCIL MEMBER~: Roth
COUNCIL MEMBER* None
ABSENT :
AND I FURTHER certify that ~he Mayor of the City of Anaheim signed said
Resolution No. 84R-487 on ~ 11th day of December, 1984.
IN WITNESS WHEREOF, I have ~ereunto set my hand and affixed the seal of the
City of Anaheim this 11th d~y of December, 1984.
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CITY CLERK OF THE CITY OF. ANAHEIM
(SEAL)
I, LEQNORA N. SOHL, City Cl~rk of the City of Anaheim, do hereby certify that
the fGtegoins i'"the origi~ of Resolution No. 84R-487 duly passed and
aaoptea by the AnaheIm City ~ouncil on December 11, 1984.
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