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1985-350RESOLUTION NO. 85R-350 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3493. WHEREAS, after a request for variance by BRADMORE REALTY INVESTMENT COMPANY, LTD., owner, and ASSOCIATED TECHNICAL COLLEGE, 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. 3493 was granted covering the following described property: PARCEL A: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 145, PAGES 22 AND 23 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 145, PAGES 22 AND 23 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID EASEMENT BEING A STRIP OF LAND 10.00 FEET IN WIDTH, AND BEING DELINEATED ON SAID MAP AS "EASEMENT A"; 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. 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 an industrial vocational school on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0261 - Minimum number of parking 18.06.080 spaces (1168 spaces AND 18.61.066.050 required; 252 spaces pro- posed) That said variance be granted subject to the following conditions: 1. That prior to issuance of a building permit, 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 determined by the City Council. 2. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Palais Road in an amount as determined by the City Council. 4. That the owner(s) of subject property shall execute and record an access and parking agreement pertaining to the property to the northeast of subject property for access to and usage of forty -seven (47) parking spaces as shown on the plan marked Exhibit No. 1. Said agreement shall be in a form satisfactory to the City Attorney, and once recorded, a copy of the agreement shall be submitted to the Planning Department. 5. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates within a distance of sixty (60) feet from said public street right -of -way shall be subject to the review and approval of the City Traffic Engineer. 6. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device and a digitally operated gate opener to the satisfaction of the Chief of Police, the City Fire Marshall and the Street Maintenance and Sanitation Division. 7. That fire sprinklers shall be installed as required by the City Fire Marshal. 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 due to the change in use and /or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 10. 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. -2- 11. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this variance null and void. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 13. That prior to the commencement of the activity authorized under this resolution, or 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, 4 and 9, 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. 14. That the maximum student enrollment shall be three hundred (300) and that at any given time there shall be not more than two hundred fifty-two (252) students and employees on the premises. 15. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 5, 6, 7, 8 and 12, 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 FOREGnING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of August, 1985. MAYOR OF THE CI OF ANAHEIM ATTE (i`~_ ITY LERK OF THE CITY OF ANA~iEIM JLW:fm 4234M 091985 -3- 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. 85R-350 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of August, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-350 on the 6th day of August, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 1985. CI Y CLERK OF THE CITY OF ANAHE (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-350 duly passed and adopted ~y the Anaheim City Council on August 6, 1985. '/ CITY CLERK `~