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1976-221RESOLUTION 1,70. 7GR-221 A RESOIJUTION OF "T'll-E CITY COUNCIL OF TTIE CITI11 OF ANiAHEI-I"I G-.IRANTII,,TG 'VARIANCE in 2780. WILIEREAS, after a request for variance by Paul j. Hubbs, et al., owner, was received, a -public n-ear4ng before t1he Plann4ng Commission of the City of AnahelrE� was held upon due and proper notice, a result of which Variance No. 2780) was denied covering the following described Property: PAI CEL 1: The East 94 feet of the West 663 'feet of Lot 15 in block 36 of Yorba Linda Tract, in the county of Orange, state of California as per r«ap recorded in book 5 pages 17 and 18 of I'discellaneous -mlaps, rec- ords of said orange County. PARCEL 2: The East 94 -feet of the I-,Yest 56'D feet of Lot 15 in block 36 -of the Yorba Linda Tract, in the county of ­ I . Orange, state of California, as per map recorded in I R book. 5, pages 17 and '18 of DlisceJlaneo'u's rec- ords of said Orange County A1,4 D All that certain land situated in the State of Cali- zornia, County of Oran e, described! as follows: Lot 15 in Block 36 of "Yorba Linda Tract" , as sho-wn on, a Imap recorded in Book 5. pages 17 and. 1-8 of cellaneous Maps, records of orange Count -y, California. Excepting t1laerefror-,i the West 663 -feet. WIXEREAS, thierea-Eter, wlt-h4n 4-7-,e ti -me. prescribe-`, bn.,7 law an interested party or the City Council, on its own motion, causeed- the revi ew of said Planning Coommission action at a pul lic hearing p b noticed and held- as Prescribed by law and, as a result thereof, t'he City Council does he-reby r,.iajke the following findings: 1. That there are special circumstances applicable to the property including size, shape. topography, location or surround- ings, which do not apply to other propert-y 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 cla;s-i'Lication in -i&,e vicinity. - - NOW, THERE -FORE, BE !T RESOLVED by the City Council of the City of Anaheim., that a conditional zoning variance be, and the sane is hereby, granted permitting a large equipment rental yard on the proper-tv hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: S'JCTIOINI' 18. 61.063.011 t4inirilum landscaped setback. IE (10 feet required; none proposed) S E C T 10 Nj 18.61.064.020 i'vlaxii-Imn. wall height. (30 inches permitted; 7/ feet proposed) SECTION 18.61.068.030 Prohibited encroachment of outdoor uses into setback. (Outdoor use proposed to en- croach into required setback area) SECTION 18.61.068.032 Required tree screen. (35 trees required; none proposed) SECTION 18.84.071.040 Permitted uses. (Large equip- ment storage and rental yard not permitted in the Scenic Corridor Overlay Zone) That said Variance is granted subject to the -FolloW4ng conditions and further subject to review of -this Variance by the City Council five (5) years from this date and further subject to the stipula- tion on file in a letter in the City Clerk's Office dated March 23, 1976, from the applicant to the City Council: 1. That the owner (;s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the center- line of the street along La Palma and Lakeview Avenues for street widening purposes. 2. That all engineering reaU-4rements of the Cite of Anaheim, along La Palma and Lakeview -Avenues including preparation of im- provement plans and installation of all such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer and that street lighting facilities along La Palma and Lakeview Avenues shall be installed as required by the Director of Public Utilities and in accordance with s-Itz-andaro-I plans and specifications on file in the office of the Director of Public Utilities and that a bond in an amount and form satisfactory to the City of Anaheirci shall be posted with the City to guarantee the installation of the above- mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with -Fthe office o`ff the Director of Public 11orks. 4. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Department. 5. That subject property shall be served by underground utilities. 6. That drainage of subject Property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner(s) of subiect- pro,,3er---y shall Pay appropri- ate drainage assess:q:ient fees to -the Cii-_y of Anahleii',�i as c3etermined by the City Engineer prior to approval of a grading plan. 8. That -this Variance is granted subject to completion of annexation of subject property to the City of Anaheim. 9. That this Variance is granted subject to the completion of Reclassification No. 70-71-47. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked 3-vamuibit. Nos. 1, 2 and 3. 11. That Condition Nos. 1, 2, 8 and 9, above mentioned, shall be complied with prior to the cor,',a-Liencement of the activity author- ized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further tii-iie as the Planning Co mission and/or City Council may grant. 12. That Condition Nos. 3, 5, 6 and 10, above-mentioned, shall .be complied with prior to final building and zoning inspec- tions.. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance Permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim ltluniciDal Code and requlations arid the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise sDecif"ied herein. THE FOREGOING RESOLUTION this 27th day of April, 1976. ATTEST: CITY CLERK OF THE CITY OF M-:,U%HEI-T11 FAL, JR.: fm -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-221 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of April, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-221 on the 27th day of April, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of April, 1976. CITY CLERK OF THE CITY ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-221 duly passed and adopted by the Anaheim City Council on April 27, 1976: CITY CLERK