1985-424RESOLUTION NO. 85R-424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING, IN PART, VARIANCE NO.
3497.
WHEREAS, after a request for variance by ROBERT A.
FERRANTE, owner, and MICHAEL K. FRAZIER, 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. 3497 was granted, in part, covering the following
described property:
PARCEL 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP
FILED IN BOOK 120 PAGES 22 AND 23 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; 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, in part, permitting expansion of an existing
commercial center on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.0212 - Minimum number of
18.06.050.022 parking spaces. (303
18.06.050.0221 spaces required; 244
18.06.050.0231 proposed)
18.06.080
AND 18.44.066.050
BE IT FURTHER RESOLVED that the City Council does
further find and determine that:
1. There are no special circumstances applicable to the
property which do not apply to other property under identical
zoning classification in the vicinity; and
2. Strict application of the zoning code does not deprive
the property of privileges enjoyed by other property under
identical zoning classification in the vicinity and for such
reason, waiver of the following provision of the Anaheim Municipal
Code is hereby denied:
SECTIONS 18.84.062.013 - Minimum landscaped
AND 18.84.062.014 setback. (20 feet
fully landscaped adja-
cent to Old Santa Ana
Canyon Road required;
0 to 20 feet proposed)
BE IT FURTHER RESOLVED that said variance be granted, in
part, subject to the following conditions:
1. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
2. 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.
3. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
4. That, as specified in Anaheim Municipal Code Section No.
18.84.062.032, no roof-mounted equipment, whatsoever, shall be
permitted.
5. That the proposal shall comply with all signing
requirements of the CL(SC) Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
6. That any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area.
7. That any specimen tree removal shall be subject to the
tree preservation regulations in Chapter 18.84 of the Anaheim
Municipal Code, the "SC" Scenic Corridor Overlay Zone.
8. 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 4.
9. 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 No. 8, 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.
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10. That prior to final building and zoning inspections,
Condition Nos. 1, 3, 6 and 9, above-mentioned, shall be complied
with.
11. That no restaurants or medical office uses nor any
additions to existing restaurants or medical offices shall be
permitted.
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 24th day of September,
1985.
4`'l.
MAYOR OF THE CITY F ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: fm
4256M
093085
-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-424 was introduced and adopted at a regular '""~+,
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of September, 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-424 on the 24th day of September, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of September, 1985.
~~~
CITY CLERK OF TH 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-424 duly passed and
adopted by the Annatieim City Council on September 24, 1985.
~!~
CITY CLERK