95-202 RESOLUTION NO. 95R-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN VARIANCE NO. 4041.
WHEREAS, on April. 23, 1990 the Planning Commission
adopted Resolution No. PC90-100 approving Variance No. 4041 (to
waive minimum number of parking spaces and limitations to permitted
uses and structures to establish a home improvement center with
outdoor garden center); and that no further action was taken by
the City Council.
WHEREAS, on August 24, 1992 the Planning Commission
adopted Resolution No. PC92-103 amending Resolution No. PC90-100 to
delete Condition No. 13 pertaining to limiting the outdoor storage
and display area to the enclosed outdoor garden area, revising
Exhibit Nos. 1 and 3, and adding the following conditions of
approval:
29. That a minimum four (4) feet of the sidewalk in front of
The Home Depot building shall be maintained for
pedestrian walkways.
30. That the new screen wall to the north of the proposed
"outside display area" (shown on Revision No. 1 of
Exhibit No. 1) shall be six (6) feet high and landscaping
shall be installed and maintained in front of said wall
(facing Lincoln Avenue ) for the purpose of view-
screening the outside display area from Lincoln Avenue.
31. That subject variance shall expire one (1) year from the
date of this resolution (i.e., August 24, 1993);
provided, however, that time extensions may be requested
in connection with a public hearing, and, if approved,
the waivers may continue for the additional specified
time.
WHEREAS, the City Planning Commission did hold a public
hearing at the civic Center in the City of Anaheim on September 18,
1995, and adopted its Resolution No. PC95-119 approving an
amendment to certain conditions of approval in Variance No. 4041.
WHEREAS, the city Council of the city of Anaheim
heretofore set said Planning Commission determination for review by
the city Council; and
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WHEREAS, the City Council held a duly noticed public
hearing on December 12, 1995, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit
reasonable operation under said Variance No. 4041.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Variance No. 4041 as heretofore set forth in Resolution No.
PC90-100, as amended by Resolution No. PC92-103, be, and the same
are hereby, amended to read as follows:
"(a) That Condition Nos. 30 and 31 are amended to read:
30. That the new screen fence to the north of the proposed
"outside display area" (shown on Revision No. 1 of
Exhibit No. 1) shall be six (6) feet high and landscaping
shall be installed and maintained in front of said fence
(facing Lincoln Avenue) for the propose of view-screening
the outside display area from Lincoln Avenue, and such
screen fence and landscaping shall be installed within
sixty (60) days from the date of this resolution.
31. That approval is granted for a period of three (3) years,
to expire on August 24, 1998, for the outdoor storage or
display of merchandise located outside the fenced
enclosure area (outdoor garden center) only.
(b) That the following two conditions are added:
32. That there shall be no outdoor storage or display of
materials other than those materials to be contained
within the outdoor sales areas shown on Revision No. 1 of
Exhibit No. 1.
33. That a final fence plan shall be submitted to the Zoning
Division of the Planning Department for review and
approval by staff."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution Nos. PC90-100 and PC92-103 shall remain in full
force and effect.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12th day of December,
1995.
MAYOR OF THE CITY OF~ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
15185.1\J~HlTE\December 13, 1995 3
STATE OF CAUFORNIA )
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. 95R-202 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 12th day of December, 1995, by the following vo~e of the members thereof:
AYES: MAYOR/COUNCIL: Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: Zemel
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-202 on
the 12th day of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 12th day of December, 1995.
CITY CLERK OF THE 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. 95R-202 was duly passed and adopted by the City Council of the City of Anaheim on
December 12th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM