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86R-362 RESOLUTION NO. 86R-362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3561. WHEREAS, after a request for variance by JERRY TREMBLE, INC., 505 City Parkway West, Penthouse Suite, Orange, California 92668, owner, and KARL SATOR OR FRANK SATOR, 3150 East La Palma Avenue, Unit A, Anaheim, California 92806, 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. 3561 was denied covering the following described property: PARCELS 1 AND 2, AS PER MAP FILED IN BOOK 35, PAGE 11 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; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. 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 an expansion of an existing industrial building on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.61.063.011 Minimum structural setback and yard requi rements. (50 -f oot wide building setback including a minimum 10-foot wide landscaped area adjacent to La Palma Avenue required; l5-foot wide building setback with a minimum 2-foot wide landscaped area adjacent to La Palma Avenue proposed) SECTIONS 18.06.050.0212, 18.06.050.031, 18.06.080 AND 18.61.066.050 - Minimum number of parking spaces. (111 spaces required; 98 spaces proposed) That said variance be granted subject to the following conditions: 1. 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 determined by the City Council for new industrial buildings. 2. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 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 issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 3. That all the driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That subject property shall be developed subtantially in accordance with revised plans and specifications submitted to and approved by the City Council and on file with the City of Anaheim. 5. That prior to final building and zoning inspections, Condition Nos. 3 and 4, above-mentioned, shall be complied with. 6. That prior to issuance of a Building Permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as approved by City Council Resolution No. 85R-423. -2- 7. 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 No.6, above-mentioned, shall be complied with. Extensions for further time to compete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 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 August, 1986. ~~ Ie ~ CITY CLERK OF THE CITY OF ANAHEIM JWF :pm 5066U -3- 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. 86R-362 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of August, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler 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. 86R-362 on the 5th day of August, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of August, 1986. ~ /( ;;;.d____ 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. 86R-362 duly passed and adopted by the Anaheim City Council on August 5, 1986. ~~-/t.~ CITY CLERK