86R-453
RESOLUTION NO. 86R-453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3590.
WHEREAS, after a request for variance by REMO GIZZI AND
ANTONIETTA GIZZI, 21752 Queensbury, El Toro, California 92630,
owners, and RANDY MC FARLAND, 8412 Garden Grove Boulevard, Garden
Grove, California 92644, 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. 3590
was denied covering the following described property:
PARCEL 1, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 26, PAGE
18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID
PARCEL 2, A DISTANCE OF 60.00 FEET; THENCE
SOUTHEASTERLY IN A DIRECT LINE TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL 2 DISTANT EASTERLY 18.00
FEET FROM SAID SOUTHWEST CORNER; THENCE WESTERLY ALONG
SAID SOUTHERLY LINE 18.00 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 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 for construction of a commercial shopping center
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.022,
18.060.080
AND 18.44.066.050
Minimum number of parking
spaces. (41 parking spaces
required; 23 spaces proposed)
SECTION 18.44.062.011
Maximum building height.
(zero feet adjacent to
single-family residential
zoning permitted; l8-foot
high building proposed)
SECTION 18.44.063.040
Minimum landscaped setback.
(10 feet adjacent to single-
family residential zone re-
quired; none 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.
2. That sidewalks shall be repaired along Katella Avenue as
required by the City Engineer and an accordance with standard plans
and specifications on file in the Office of the City Engineer.
3. That all driveways shall be constructed or reconstructed
to accommodate ten (10) foot radius curb returns as required by the
City Traffic Engineer.
4. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
5. That subject property shall be served by underground
utilities.
6. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
7. That street lighting facilities along Katella Avenue and
Nutwood Street shall be installed as required by the Utilities
General Manager in accordance with specifications on file in the
Office of Utilities General Manager, 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
the above-mentioned improvements. Said security shall be posted
with the City of Anaheim prior to issuance of building permits.
8. That a reciprocal access and parking agreement with the
property adjacent on the east shall be recorded and a copy
delivered to the City of Anaheim prior to issuance of a building
permit.
9. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 4; provided, however, that no
restaurant uses shall be established on the property unless parking
is provided in accordance with the Anaheim Municipal Code.
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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
City Council of the City of Anaheim ~~~Of October,
MAYOR OF THE CITY dF ANAHEIM
the
1986.
ATTEST:
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CITY CLERK OF THE
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CITY OF ANAHEIM
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(SEAL)
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-453 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 October, 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-453 on the 7th day of October, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of October, 1986.
~~
CITY CLERK OF
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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-453 duly passed and
adopted by the Anaheim City Council on October 7, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM