90-009 RESOLUTION NO. 90R-9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3985.
WHEREAS, after a request for variance by LEMON
ASSOCIATES, 146 E. Orangethorpe, Anaheim, CA 92801, BRYAN
INDUSTRIAL PROPERTIES, INC., 146 E. Orangethorpe Avenue, Anaheim,
CA 92801 and ORANGE COUNTY INDUSTRIAL BUILDERS, 146 E.
Orangethorpe Avenue, Anaheim, CA 92801, owners, and GARNER
MANAVIAN CHOW & ASSOCIATES, AIA, 500 Silver Spur Road, #111,
Palos Verdes Peninsula, CA 90274 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.
3985 was granted, in part, covering the following described
property:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 3 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK
$1, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION, DISTANT NORTH 0 DEC. 10' 2S" WEST 200.00 FEET
FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUING
NORTH 0 DEG. 10' 25" WEST ALONG SAID WEST LINE 127.86
FEET TO THE NORTHWEST CORNER OF THE SOUTH 10 ACRES OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE NORTH 89 DEG. 36' 20" EAST ALONG THE NORTH LINE
OF SAID SOUTH 10 ACRES 339.33 FEET; THENCE SOUTH 0
DEG. 17' 25" EAST 127.86 FEET; THENCE SOUTH 89 DEG.
36' 20" WEST PARALLEL WITH THE NORTH LINE OF SAID
SOUTH 10 ACRES 339.59 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION; 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. 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.
Variance 3985
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 to permit a commercial development upon a 4-acre
portion (Parcels B, C and F as described in Resolution No. 90R-71
of the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.022 - Minimum number of parking spaces.
18.06.080 [292 required; 251 proposed)
AND 18.44.066.050
That said variance be granted subject to the following conditions:
1. That gates shall not be installed across any driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public streets. Installation of any gates shall
conform to Engineering Department Standard Plan No. 402 and
shall be subject to the review and approval of the City
Traffic Engineer.
2. That no outdoor parking/vehicular circulation areas shall be
used to store materials.
3. That prior to the commencement of any new non-industrial use
of a building, a traffic signal assessment fee equaling the
difference between the industrial and commercial assessment
fees shall be paid to the City of Anaheim in an amount as
established by City Council Resolution.
4. That no prepared-food service facilities (restaurants) shall
be permitted unless a variance for parking is approved by the
City Council, Planning Commission or Zoning Administrator or
sufficient Code parking is provided.
5. That the proposal shall comply with all signing requirements
of the CL "Commercial, Limited" Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
6. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
7. That this Variance is granted subject to the adoption of a
zoning ordinance in connection with Reclassification No.
89-90-06, now pending.
8. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2.
9. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
-2- Variance 3985
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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 2nd day of January, 1990.
ATTEST:
CITY CLERK OF-THE CITY EiM
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-3- Variance 3985
CLERK
STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss.
CITY OF ~EIM )
I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ that
the foregoing Resolution No. 90R-9 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2nd day of January, 1990, by the following vote of the members Mereof:
AYES: CO~CIL MEMBERS: Daly, Ehrle, Ka~ood, Pickler and Hunter
NOES: COUNCIL ME~ERS: None
ABSENT: COUNCIL MEMBERS: None
~D I ~RTHER certify Mat Me Mayor of the City of An~eim signed said
Resolution No. 90R-9 on the 10th day of January, 1990..
IN WITNESS MEREOF, I have hereunto set my hand and affixed the seal of the
City of An~eim this 10M day of January, 1990.
CITY CLE~ OF THE CITY OF ~AHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-9, duly passed and adopted
by the Anaheim City Council on January 2, 1990.
CITY CLERK OF THE CITY OF ANAHEIM