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RES-1989-290RESOLUTION NO. 89R-290 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3910. WHEREAS, after a request for variance by EDGA ENTERPRISES, A GENERAL PARTNERSHIP, Attn: Les Lederer, 1990 Westwood Blvd., 5rd floor, Los Angeles, CA 90025-4614, owner, and LOARA HIGH SCHOOL BAND BOOSTERS, INC., 1765 W. Cerritos Avenue, Anaheim, CA 92802, 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. 5910 was granted covering the £ollowing described property: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CERRITOS STREET AND THE CENTER LINE OF U.S. HIGHWAY 101 (LOS ANGELES STREET), AS SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 35, PAGE 34, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH 6 DEGREES 55' 00" WEST 221.61 FEET; THENCE EAST 300.37 FEET, PARALLEL WITH THE CENTER LINE OF CERRITOS STREET; THENCE SOUTH 220.00 FEET TO THE CENTER LINE OF CERRITOS STREET; THENCE WEST SOUTH 220.00 FEET TO THE CENTER LINE OF CERRITOS STREET; THENCE WEST 273.68 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 60.00 FEET IN WIDTH, DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS, WITH THE CENTER LINE OF SAID CERRITOS AVENUE; SAID INTERSECTION BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 630.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO ALINE PARALLEL WITH AND NORTHERLY 20.00 FEET FROM THE CENTER LINE OF SAID CERRITOS AVENUE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82 DEGREES 54' 41" EAST; THENCE CONTINUING ALONG SAID CURVE, 50.81 FEET THROUGH A CENTRAL ANGLE OF 4 DEGREES 37' 14" TO THE SOUTHERLY CORNER OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, VARIANCE 3910 RECORDED APRIL 13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS; THENCE NORTH 6 DEGREES 55' 00" WEST ALONG THE EASTERLY LINE OF SAID LAND OF THE STATE OF CALIFORNIA, TO THE NORTHERLY LINE OF SAID LAND ABOVE DESCRIBED; 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 bingo operations in an existing entertainment facility for young adults on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.022 - 18.06.050.0261 18.06.'050.0'26~ and 18.06.050.0266 Minimum number of parking spaces· (110 requir'ed; 64 proposed) , , That said variance be granted subject to the following conditions: I · That the driveway on Cerritos Avenue shall not be used and shall remain closed with the existing heavy chain being retained to prevent any vehicular ingress or egress. · That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 88-89-42, now pending. . That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. · That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator· =2- VARIANCE 3910 · That the on-site landscaping shall be maintained in compliance with City standards. · That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. · That prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3 and 6 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. · 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 requxrement. 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 2?th day of June, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM /kh 3190L -3= VARIANCE 3910 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-290 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of June, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-290 on the 6th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of July, 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-290 duly passed and adopted by the Anaheim City Council on June 27, 1989. CITY CLERK OF THE CITY OF ANAHEIM