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RES-1989-074 RESOLUTION NO. 89R-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3897. WHEREAS, after a request for variance by NORTHWEST MOTOR WELDING INC, owner, and SHOOK BUILDING SYSTEMS INC., agent,, was received, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3897 was granted covering the following described property: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJUN DE SANTA ANA, IN THE CITY IF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: AT A POINT ON THE NORTH LINE OF EAST LA PALMA AVENUE, NORTH 30.00 FEET FROM THE MONUMENTED CENTER LINE OF SAID EAST LA PALMA AVENUE AND EASTERLY 406.87 FEET MEASURED ALONG SAID NORTH LINE FROM THE MONUMENTED CENTER LINE OF NORTH OLIVE STREET; THENCE EAST 190.00 FEET ALONG SAID NORTH LINE; THENCE NORTH 240.00 FEET ALONG A LINE PARALLEL TO THE MONUMENTED CENTER LINE OF NORTH OLIVE STREET; THENCE WEST 190.00 FEET ALONG A LINE PARALLEL WITH SAID NORTH LINE; THENCE SOUTH 240.00 FEET TO THE POINT OF BEGINNING. A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 10 WEST, S.B.B.&M, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF EAST LA PALMA AVENUE WHICH POINT IS 30 FEET NORTH OF THE MONUMENTED CENTER LINE OF SAID EAST LA PALMA AVENUE AND 596.87 FEET EAST, MEASURED ALONG SAID NORTH LINE, FROM THE MONUMENTED CENTER LINE OF NORTH OLIVE STREET, WHICH STREET IS THE OLIVE STREET CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED FEBRUARY 1, 1926, IN BOOK 625, PAGE 367 OF DEEDS; THENCE EAST ALONG SAID NORTH LINE OF EAST LA PALMA AVENUE A DISTANCE OF 189.92 FEET TO A POINT WHICH IS 30 FEET WEST OF THE EAST CITY LIMIT LINE, AS THE SAME EXISTED ON DECEMBER 10, 1946; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE SAID EAST CITY LIMIT LINE 240 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF EAST LA PALMA AVENUE, A DISTANCE MONUMENTED CENTER LINE OF SAID NORTH OLIVE STREET, A DISTANCE OF 240 FEET 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 Zoning Administrator 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: . 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 · 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: . The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and . 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 a 6,120 square foot warehouse addition to an existing industrial building 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 18.63.066.050 Minimum number of parking spaces. (101 spaces required; 79 spaces existing) SECTION 18.63.063.011 Minimum front setback. (50 feet required along La Palma Avenue; none proposed) That said variance be granted subject to the following conditions: . 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 established by City Council resolution. -2- · · S · · · · · That prior to issuance of a building permit, a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim to guarantee the removal of existing street improvements along La Palma Avenue and reconstruction/construction of full street improvements at the ultimate location prior to final building and zoning inspection. That the existing most southerly driveway on Sabina Street shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. That all engineering requirements of the City of Anaheim along Pauline 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 approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. That chain link gates shall be removed or installed in compliance with Engineering Division Standard Detail No. 137. That the commercial driveway approach shall be constructed in compliance with Engineering Division Standard Detail No. 137. That prior to issuance of a building permit, the appropriate fees due for primary mains and fire protection service shall be paid to the Water Utility Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. The street lighting facilities along La Palma Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit to guarantee the installation of the above-required improvements prior to occupancy. That subject proposal authorized by this resolution shall be served by underground utilities. -3- 10. That fire sprinklers shall be installed as required by the City Fire Department. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of ^nahiem marked exhibit Nos. 1,2, and 5. 12. That prior to final building and zoning inspections, all of the parking spaces shown on Exhibit No. 1 shall be available for employee and customer parking and that there shall be no outdoor storage whatsoever in any of the spaces. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7 and 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. 14. That prior to final building and zoning inspections, Condition Nos. 5, 4, 5, 6, 8, 9, 10, 11 and 12, above-mentioned, shall be complied with. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City 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 7th day of March, 1989. ~. MAYOR-OF T'H~TY O~AHE,M ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLa:db 2984L 031789 -4- 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. 89R-74 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of March, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-74 on the 22nd day of March, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of March, 1989. 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. 89R-74 duly passed and adopted by the Anaheim City Council on March 7, 1989. 4J~TY CLERK OF THE CIl~f OF ANAHEIM