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1976-748RESOLUTION NO. 76R-748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2856. WHEREAS, after a request for variance by Ida and Marion Rannow, owners; Scott J. Raymond, agent, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2856 was denied, covering the following described property: Beginning at the intersection of the easterly extension of the north line of the land conveyed to A. B. Coffman by deed recorded July 3, 1925, in Book 593, Page 204 of Deeds, and the center line of Euclid Street, thence north 890 05' 00" west 280.001, thence north 200.00' along a line parallel to Euclid Street, thence south 89° 05' 00" east 280.001 to the center line of Euclid, thence south 200.00 feet along the center line of Euclid Street to the point of beginning. Said parcel being the southeasterly portion of land described as follows: That portion of the northeast quarter of the southeast quarter of Section 20, Township 4 South, Range 10 West, being partly in the Rancho Los Coyotes and partly in the Rancho Los Bolsas all in the City of Anaheim, County of Orange, State of California, as said Section is shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the northeast corner of the southeast quarter of said Section 20; thence west 1323.85 feet along the north line thereof, to the northwest corner of the northeast quarter of said southeast quarter of Section 20; thence south along the west line of said northeast quarter of the southeast quarter to the northwest corner of the land conveyed to A. B. Coffman by Deed recorded July 3, 1925, in Book 593, Page 204 of Deeds: thence east 1323.30 feet along the north line of said Coffman's land to the east line of said Section 20; thence north along said east line to the point of beginning. EXCEPT that portion described as follows: Beginning at the northwest corner of the northeast quarter of the southeast quarter of said Section, as said Section is shown on a map of Tract No. 2737, as per map recorded in Book 93, Pages 17 and 18 of Miscellaneous Maps, Records of said Orange County; thence south 890 30' 00" east, 339.48 feet along the north line of said northeast quarter, being the center line of Cerritos Avenue 40.00 feet in width; thence south 000 30' 00" west 662.82 feet parallel with the west line of said northeast quarter, to the north line of said Tract No. 2737; thence north 890 05' 00" west -1- 339.47 feet along said north line and the westerly prolongation thereof to the west line of said northeast quarter; thence north 000 55' 13" east 660.35 feet along said west line to the point of beginning. 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 classifica- tion 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 classifica- tion 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, permitting the construc- tion of a produce market on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.21.020 - Permitted uses (Produce market not permitted in RS -A-43,000 Zone) SECTION 18.21.061 - Minimum lot area That said variance be granted, subject to the following conditions: 1. That the owners of subject property, said property currently being a portion of an approximately 14 - acre parcel of land, shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Euclid Street from Cerritos Avenue to the southerly boundary of subject property and a strip of land 45 feet in width along the southerly side of Cerritos Avenue from Euclid Street to a point approximately 985 feet westerly of Euclid Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Euclid Street from Cerritos Avenue to the southerly boundary of subject property, including preparation of improve- ment plans and installation of improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities 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; that street lighting facilities along Euclid Street shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a -2- 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 installation of the above- mentioned requirements. 3. That the owners of the subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Euclid Street for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That the subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. In the event that the subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 9. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That all mechanical equipment shall be properly shielded from view and the sound buffered from adjacent residen- tial properties. 11. That any proposed parking area lighting shall be downlighted from view and shall be directed away from the property lines to protect the residential integrity of the area. 12. That an 8 -foot high masonry wall shall be constructed along the south property line with written consent of affected property owners provided, however, if property owners do not agree to the 6 -foot block wall, a 6 -foot block wall shall be constructed on that property, and a 6 -foot high chain link fence, entirely interwoven with vinyl strips, shall be constructed along the west property lines. 13. That a 20 -foot wide landscaped buffer shall be provided along the southerly property line. 14. That ingress and egress from subject property to Euclid Street shall be restricted to one driveway, aligned opposite Cris Avenue, as approved by the City Traffic Engineer. 15. That the City Attorney and Mr. Scott Raymond negotiate for settlement of pending litigation between the City of Anaheim and Mr. Herman Margulieux, and/or the Rannow sisters. - 3- 16. That deeds for dedication of property as outlined in Condition No. 1 hereinabove, which were previously submitted, be re -executed. 17. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3, provided, however, the aforemen- tioned requirements specified in Conditions Nos. 12 and 14 shall be met. 18. That Conditions Nos. 1, 21 3, 8 and 16, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time the building permit is issued, or within a period of one (1) year from the date hereof, whichever`occurs first, or such further time as the Planning Commission and/or City Council may grant. 19. That Conditions Nos. 4, 6, 7, 10, 113, 12, 13, 14 and 17, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regula- tions and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless other- wise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of November, 1976. TiA OF THE CITY OF ANAHEIM ATTEST: a is, "offoo) a 2 - 1—affellyw-A DOWMANATI-10116T JLW : j h -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I. LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No'. 76R-748 was introduced and adopted dt a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of November, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor.of the City of Anaheim approved and signed said Resolitti6n No. 76R-748 on the 23rd d'ay of November, 1976. IN WITNESS WHEREOF, I have Hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of November, 1976. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Y, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-748 duly passed and adopted by the Anaheim City Council on the 23rd day of November, 1976.