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84R-487 r-- J""'II\ RESOLUTION NO. 84R-487 A RESOLUTIIN. OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3420, IN PART (REHE RING). ~ ( WHEREAS, af.ter a re,uest for variance by EUCLID DEVELOPMENT. PARTNERS ..owner, AND LINCO CONSTRUCTORS, INC., agent, was received, a publ C hear in, before the Planning Commission of the City of Anaheim ,_s held ~pon due and proper notice, a result of which Variance NOt 3420 wa$ granted, in part, covering the following described ~~operty: PARCEL 1 OF PAR;'.L MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STAT :OF CALIgORNIA, AS PER MAP FILED IN BOOK 8 PAGE 43 r PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER!~F SAID COUNTY: and WHEREAS, t an interested party the review of said P noticed and held as City Council did fin adopted its Resoluti .reafter, within the time prescribed by law, t the CiUy Council, on its own motion, caused anning C~mmission action at a public hearing tescribed by law and, as a result thereof, the that said variance should not be granted and n No. 84R-435 denying Variance No. 3420: and WHEREAS, t~.reafter, within the time prescribed by law, the applicant reques~.d, and was granted, a rehearing by the City Council upon such re~uest: and WHEREAS, a~ .the tim~ and place fixed for said rehearing, the City Council did !ijold and conduct such rehearing and did give all persons interest~ therein an opportunity to be heard, and did receive evidence and !reports, and did consider the same; and WHEREAS, u~n such rehearing and further consideration, the City Council doe~find and determine: 1. That there jare special circumstances applicable to the property, including ~ize, shape, topography, location or surroundings, which ~ not apply to other property under identical zoning classificatioq in the vicinity; and 2. That, becai,e of special circumstances shown in (1) above, strict applic . ion of the zoning code deprives the property of privileges enjoye . by other property under identical zoning classification in the vicinity; and ,~, WHEREAS, t~ City Council does further find and determine with regard to the prpposed waiver of certain off-street parking requirements that: Var 3420 1 r --- 1. The varian~e would cause an increase in traffic congestion in the im,~diate vicinity and adversely affect the adjoining land uses; 'and ~ ,'.. ..j 2. The granti*g of the variance would be detrimental to the peace, health, safett or general welfare of the citizens of the City of Anaheim. NOW, THERE~ORE, BE IT RESOLVED by the City Council of the City of Anaheim that~ia conditi,onal zoning variance be, and the same is hereby, granted p rmitting a commercial retail complex on the property hereinbefor describ$d with waivers of the following sections of the Anah 1m Municipal Code: 3.020 - Minimum structural setback. an1 10 feet required along operty ]ines; ~ proposed) That said variance b~ granted subject to the following conditions: 4. 5. 6. /~ 7. 1. That curbs land driv~ways shall be removed and/or reconstruc~~d along Palm Lane as required by the City Engineer aqd in accordance w~th standard plans and specificat~ons on file in the Office of the City Engineer. 2. That sidew~lk access ramps shall be constructed at Palm Lane and E~lid Street in accordance with the City of Anaheim st~dard detail. 3. That prior !to issuance of a building permit, the appropriat~ traffic signal assessment fee shall be paid to the City! of Anaheim in an amount as determined by the City Counci~ for new commercial buildings. That draina~e of subject property shall be disposed of in a manner sa!tisfactory to the City Engineer. That trash ~torage areas shall be provided in accordance with approv~ plans on file with the Street Maintenance and Sanitation Division. That prior ~o issuance of a building permit, primary water main ~ees shall be paid to the City of Anaheim, in an amount a~ determined by the Office of the Utilities General Manfiger. That this V~riance is granted subject to the completion of Reclassi~ication No. 84-85-6, now pending. -2- Var. 3420 M ("'. .-.. 8. That bumper blocks or six-inch concrete curbing shall be installed ~djacent to the on-site parking spaces abutting Palm Lane ~n order to preclude automobiles from overhangin~ the public right-of-way. That all dtiveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic En~ineer. ,...-..... 9. 10. 11. 12. 13. 14. That subje~t property shall be served by underground utili ties. ! That priori to commencement of structural framing, fire hydrants s.~ll be installed and charged as required and determined! to be necessary by the Chief of the Fire Department~ That all a~r conditioning facilities shall be properly shielded ftom view, and the sound buffered from adjacent . r propertlesr That the Pt~posal s~all comply with all signing requiremen $ of the CL Zone, unless a variance allowing sign waivet$ is approved by the Planning Commission or City Counc,l. That any Proposed down-light. with lighting f xtures property lnes to the area. ' p~rking area lighting fixtures shall a maximum height of 12 feet. Said s~all be directed away from adjacent protect the residential integrity of be 15. That sUbje,t property shall be developed substantially in accordance;with plans and specifications on file with the City of An4heim marked Revision No. 1 of Exhibit Nos. 1 and 2. 16. That prior 'to issua~ce of a building permit, or within a period of ~me year from the date of this resolution, whichever ~ccurs first, Condition Nos. 3, 6, and 7, above-ment~Qned, shall be complied with. Extensions for further ti~e to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal dOde. ~ 17. That prior ,to final building and zoning inspections, Condition ~os. 1, 2, 4, 5, 8, 9, 10, 12, 14 and 15, above-ment~oned, shall be complied with. -3- Var. 3420 ) t' ,,",",",, f"-'" 18. That the fPllowing uses shall not be permitted on the premises ~d the owner of the property shall record a covenant against the property in a form approved by the City Attor~ey's Office prior to issuance of a b~ilding permit res ;rictingthe use of the premises to exclude the following . 'ses: video arcades, liquor stores, saunas and turkish b~hs, pool halls and billiard parlors,bus depots, bu~cher and poultry shops, mortuaries, used furniture ~tores, bingo parlors, and beer bars. 19 That vehicplar egress from the property shall be limited to right t~rns only and that prior to issuance of a building p~rmit the owner of the property shall record a covenant ip a form approved by the City Attorney's Office so restric~ing egress. BE IT' FURTtmR RESOLVED that the City Council of the City of Anah~im ~oes herel>1r find ~nd determine th~t adoption o~ this . Resolut~on ~s expres~[y pred~pated upon appl~cant's compl~ance w~th each and all of the bbnditions hereinabove set forth. Should any such condition, or a~y part thereof, be declared invalid or u~enforceable by the' final judgment of any court of competent jurisdiction, then t~' is Resolu, tion, and any approvals herein con-tained, ~s'hall be'. ~emed nuJ;l and void. ,i ~ THE FOREGOt~G RESOLUTION is approved and adopted py the City Council of the City of Anaheim th~:h~~~r. 1984. MA~R~~aE. C~.~M A'r'l'EST: C JLW:kw 2l28U 010485 ~ . I J , ! ! I , ! , -4- Var. 3420 l i ~ .-., STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss~ CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Cferk of the City of Anaheim, do hereby certify that the foregoing Resolution N . 84R-487 was introduced and adopted at a regular meeting provided by law, 0 the City Council of the City of Anaheim held on the 11th day of December, 984, by the fOllowing vote of the members thereof: AYES: COUNCIL MEMBER$: Kaywood, Bay, Pickler and Overholt '1 , NOES: COUNCIL MEMBER~: Roth COUNCIL MEMBER* None ABSENT : AND I FURTHER certify that ~he Mayor of the City of Anaheim signed said Resolution No. 84R-487 on ~ 11th day of December, 1984. IN WITNESS WHEREOF, I have ~ereunto set my hand and affixed the seal of the City of Anaheim this 11th d~y of December, 1984. ~-- ,J_ 7r.~ CITY CLERK OF THE CITY OF. ANAHEIM (SEAL) I, LEQNORA N. SOHL, City Cl~rk of the City of Anaheim, do hereby certify that the fGtegoins i'"the origi~ of Resolution No. 84R-487 duly passed and aaoptea by the AnaheIm City ~ouncil on December 11, 1984. ~~a~ ') I