88-428 RESOLUTION NO. 88R-428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3854.
WHEREAS, after a request for variance by Atlantic
Richfield Company, P.O. Box 2679, Terminal Annex, Los Angeles,
CA 90051, owner, and Henry King, 17315 Studebaker Road,
Cerritos, CA 90701-1480, 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. 3854
was granted covering the following described property:
PARCEL 1
THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 30, PAGE 48 OF PARCEL MAPS, ON FILE
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE EASTERLY RIGHT OF WAY
LINE OF IMPERIAL HIGHWAY, SAID POINT BEING THE
SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID
EASTERLY RIGHT OF WAY LINE SHOWN ON SAID MAP AS "NORTH
1 DEG. 23' 00" EAST 664.08 FEET"; THENCE NORTH 88 DEG.
37' 00" WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL
HIGHWAY A DISTANCE OF 20.00 FEET TO AN ANGLE POINT
THEREIN; THENCE SOUTH 1 DEG. 23' 00" WEST ALONG SAID
RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF
135.76 FEET; TO THE TRUE POINT OF BEGINNING OF THE
LAND HEREIN DESCRIBED; RUNNING THENCE SOUTH 88 DEG.
37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE
A DISTANCE OF 11.82 FEET TO THE BOUNDARY LINE OF THE
LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED OCTOBER 14, 1952 IN BOOK 2395, PAGE 522,
OFFICIAL RECORDS; THENCE NORTH 66 DEG. 48' 55" WEST,
ALONG SAID BOUNDARY LINE, 12.82 FEET TO AN ANGLE POINT
THEREIN; THENCE SOUTH 1 DEG. 23' 00" WEST 4.76 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 2
THAT PORTION OF THE RANCHO CANON DE SANTA ANA,
CiTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
IN THE
BEGINNING AT THE INTERSECTION OF THAT CERTAIN CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AND AN
ARC LENGTH OF 445.24 FEET, IN THE SOUTHERLY LINE OF
THE STRIP OF LAND, 90 FEET WIDE, AS DESCRIBED IN THE
DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE,
RECORDED MAY 19, 1970 IN BOOK 9293, PAGE 261,
OFFICIAL RECORDS, WITH THE EASTERLY LINE OF LAND
ACQUIRED BY THE STATE OF CALIFORNIA IN THE DEED
RECORDED OCTOBER 14, 1952 IN BOOK 2395, PAGE 522,
OFFICIAL RECORDS, AND RUNNING THENCE WESTERLY ALONG
TllE WESTERLY CONTINUATION OF SAID CURVE FROM THE
TANGENT WHICH BEARS NORTH 85 DEG. 38' 21" WEST THROUGH
AN ANGLE OF 0 DEG. 25' 39" AN ARC DISTANCE OF 10.11
FEET; THENCE TANGENT NORTH 86 DEG. 04' 00" WEST 0.74
FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 22 FEET; THENCE WESTERLY ALONG SAID LAST
MENTIONED CURVE THROUGH AN ANGLE OF 24 DEG. 24' 18",
AN ARC DISTANCE OF 9.37 FEET TO THE NORTHERLY
PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS
}lAVING A LENGTH OF 131 FEET IN SAID DEED TO THE STATE
OF CALIFORNIA; THENCE ALONG SAID PROLONGATION SOUTH 1
DEG. 50' 03" WEST 10.64 FEET TO THE NORTHERLY TERMINUS
OF SAID COURSE; THENCE ALONG THE BOUNDARY LINES OF
SAID LAND SO ACQUIRED BY THE STATE OF CALIFORNIA,
SOUTH 88 DEG. 09' 57" EAST 20 FEET AND NORTH 1 DEG.
50' 03" EAST 14.24 FEET TO THE POINT OF BEGINNING; and
WItEREAS, 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. 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.
2. 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council o£ the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted to permit expansion of an off-street parking
area for an existing service station/convenience market on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.84.062.014
Improvement of required setback
~ld~acent to Imperial Highway.
~0 feet of landscaping
required; 5 to 20 feet proposed)
That said variance be granted subject to the following conditions:
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim, an additional strip
of land twelve (12) feet in width along La Palma Avenue, or
such lesser amount as approved by the City Engineer, including
a twenty five (25) foot radius corner return.
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10.
That curbs, gutters and sidewalks shall be installed along
Imperial Highway as required by the City Engineer and in
accordance with standard plans and specifications on file in
the Office of the City Engineer.
That a parking plan indicating compliance with City of Anaheim
parking lot design standards shall be submitted to and
approved by the City Traffic Engineer.
That all driveways shall be reconstructed to accommodate ten
(10) foot radius curb returns. Existing broken or cracked
driveways shall be removed and replaced as required by the
City Engineer.
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
That the on-site landscaping shall be property irrigated and
maintained, including the public right of way not being used
by the public street 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; provided, however, that the
landscape planters along Imperial Highway and La Palma Avenue
shall minimally consist of ground cover with minimum
ten-gallon sized trees planted at minimum ten to twenty foot
centers.
That prior to commencement of the activity herein approved, 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 and 3, 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 prior to completion of the new parking lot area or final
building and zoning inspections, Condition Nos. 2, 4, 5 and 7,
above-mentioned, shall be complied with.
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.
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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 13th day of December,
1988.
ATTEST:
~/1,4AY'OR OF THE C/ITY OF AN'A"ITE-IM
CITY CLERK OF THE CITY OF ANAHEIM
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2856L
121588
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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. 88R-428 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of December, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R~428 on the 3rd day of January, 1989.
IN WITNESS W~HEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 3rd day of January, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-428 duly passed and
adopted by the Anaheim City Council on December 13, 1988.
CITY CLERK OF THE CITY OF ANAHEIM