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1985-167RESOLUTION NO. 85R-167 A RESOLUTION OF THE CITY COUNCIL Or THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3467. WHEREAS, after a request for variance by S.K.S., INC., 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. 3467 was granted covering the following described property: THAT PORTION OF LOT G-3 OF "ANAHEIM VINEYARD", CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 629 OF DEEDS, RECORDS OF LOS ANGELES COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF EAST SANTA ANA STREET WITH THE WESTERLY LINE OF SOUTH OLIVE STREET AS SAID STREETS EXISTED ON MARCH 20, 1899; THENCE SOUTH 74° 31' 30" WEST 328.60 FEET ALONG SAID SOUTHERLY LINE TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 593.14 FEET A RADIAL FROM SAID POINT BEARS SOUTH 6° 50' 19" WEST; THENCE EASTERLY AND SOUTHEASTERLY 483.31 FEET ALONG SAID CURVE NORTH 15° 30' 00" WEST 366.70 FEET ALONG SAID WESTERLY LINE 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; 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 expansion of an industrial facility on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0212 - 18.06.050.031 18.06.080 AND 18.61.066.050 Minimum number of parking spaces. (33 required; 15 proposed) SECTION 18.61.063.012 - Minimum landscaped building setback. (25 feet required adjacent to Santa Ana Street and Olive Street; 0 to 15 feet proposed) SECTION 18.61.066.030 - Required screening of park- ing area. (screening re- quired adjacent to Santa Ana Street and Olive Street; none proposed) That said variance be granted subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 34.75 feet in width from the centerline of the street along Santa Ana Street and 34.75 feet in width from the centerline of the street along Olive Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Santa Ana Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; 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 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 except that installation of sidewalks may be deferred as approved by the City Engineer. 3. 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- 4. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That subject property shall be served by underground utilities. 7. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 8. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That the design and construction of subject building addition shall comply with Council Policy No. 526 pertaining to metal building construction in the industrial (ML) zone. 10. That the number, design and location of vehicular driveways providing access to Santa Ana Street shall be reviewed and approved by the City Traffic Engineer. 11. That there shall be no outdoor storage on subject property that would preclude the usage of the parking, circulation or loading dock areas. 12. 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 within a distance of sixty (60) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. Furthermore, if gates are installed within sixty (60) feet of said public streets, a covenant shall be recorded guaranteeing that said gates shall remain open during business hours. 13. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshal. 14. That fire sprinklers shall be installed as required by the City Fire Marshal. 15. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 16. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. -3- 17. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 6 to the Planning Department. 18. 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 3. 19. 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 Nos. 1, 2, 3, 10 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6, 8, 9, 12, 13, 14, 15 and 18, above-mentioned, shall be complied with. 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 30th day of April, 1985. • ~r MAYOR OF THE CITY OF ANAHEIM PRO TEM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW : fra 3627M 051785 -4- 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. 85R-167 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on -'"~+,, the 30th day of April, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 85R-167 on the 30th day of April, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of April, 1985. CITY CLERK 0 E 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. 85R-167 duly passed and adopted by the Anaheim City Council on April 30, 1985. -ITY CLE