86R-408
RESOLUTION NO. 86R-408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3568.
WHEREAS, after a request for variance by CLAUDIA KINNE,
ET AL., c/o KIRK H. FINLEY, 1502 North Broadway, Santa Ana,
California 92701, owner, and TONY WATTSON, WATTS ON REAL ESTATE
INVESTMENTS, 840 Newport Center Drive, Suite 540, Newport Beach,
California 92660, 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. 3568 was
granted covering the following described property:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, 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:
THE BEGINNING AT A POINT IN THE CENTER LINE OF KATELLA
AVENUE, 60.00 FEET WIDE (BEING THE SOUTH LINE OF SAID
SECTION 23) DISTANT NORTH 890 47' 45" EAST 680.95 FEET
FROM THE INTERSECTION THEREOF, WITH THE CENTER LINE OF
THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1914 IN
BOOK 258 PAGE 66 OF DEEDS; THENCE AT RIGHT ANGLES TO
SAID CENTER LINE OF KATELLA AVENUE, NORTH 00 02' 15"
WEST 30.00 FEET TO A POINT IN THE NORTHERLY LINE OF
SAID KATELLA AVENUE, BEING THE POINT OF TANGENCY OF
SAID NORTHERLY LINE WITH A CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY ALONG
SAID CURVE THROUGH AN ANGLE OF 370 10' 56", AN ARC
DISTANCE OF 227.13 FEET THENCE TANGENT TO SAID CURVE
NORTH 520 51' 19" WEST, TO THE EAST LINE OF THE WEST
10 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 23; THENCE NORTHERLY ALONG
SAID EAST LINE BEARING NORTH 00 16' 50" WEST A
DISTANCE OF 470 FEET; THENCE NORTH 890 43' 10" EAST A
DISTANCE OF 270.00 FEET; THENCE SOUTH 00 16' 50" EAST
TO AN INTERSECTION WITH THE CENTERLINE OF KATELLA
AVENUE (BEING THE SOUTH LINE OF SAID SECTION 23)
THENCE NORTH 890 57' 45" WEST ALONG SAID CENTER LINE
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF THE LAND DESCRIBED PARCEL 9 OF
THAT FINAL ORDER OF CONDEMNATION FILED BY THE STATE OF
CALIFORNIA, A CERTIFIED COPY WAS RECORDED JULY 23,
2965 IN BOOK 7605 PAGE 513, OFFICIAL RECORDS; and
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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. 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
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
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 expanded retail uses in an existing
retail/warehouse building on the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
SECTIONS 18.06.050.022, - Minimum number of parking
18.06.080 AND spaces. (239 spaces required;
18.44.066.050 196 spaces proposed)
SECTION 18.44.064.010
Minimum landscaped area.
(Minimum 30-foot wide land-
scaped area required adjacent
to Claudia Way and Katel1a
Avenue; I-foot and 0 to
40-foot wide landscaped areas
proposed)
That said variance be granted subject to the following conditions:
1. That sidewalks shall be installed along Kate11a Avenue
and Claudina Way as required by the City Engineer and in
accordance with standard plans and specifications on file in the
Office of the City Engineer.
2. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by of the Office of the Uti1ites General Manager.
3. That the owner of subject property shall acquire an
encroachment permit from the City of Anaheim for the proposed
parking area in the dedicated right-of-way on the east side of
Claudina Way.
4. That pursuant to Chapter 17.30 of Title 17 of the
Anaheim Municipal Codes, prior to issuance of a building permit or
as otherwise provided for in Section 17.30.050 and the Anaheim
Municipal Code, a development fee shall be paid to the City of
Anaheim in an amount as determined by the City Council. Said fee
is applicable to that portion of the building wherein a change to
a more intensive use has been approved (28,280 square feet).
5. That prior to issuance of a building permit, Stadium
Area Water facilities fees and/or advances to the Water Utility
Division by the developer in accordance with rule lSD of the Water
Utility rates, rules and regulations.
6. That prior to the commencement of the activity
authorized under this resolution, or prior to the time that a
building permit is issued, or within a period of ninety (90) days
from the date of this resolution, whichever occurs first, the
owner(s) of subject property shall execute and record a covenant
in a form approved by the City Attorney's Office wherein such
owner(s) agree not to contest the formation of any assessment
district(s) which may hereafter be formed pursuant to the
provisions of Development Agreement No. 83-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could
include such owner's property. Failure to comply with this
condition within the specified time shall render this
reclassification null and void.
7. That this variance is granted subject to the adoption of
the Zoning Ordinance ln connection with Reclassification No.
85-86-33, now pending.
8. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2.
9. 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 herein, whichever occurs first,
Conditions Nos. 2, 3, 4, 5, 6 and 7, above-mentioned, shall be
complied with.
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10. That prior to final building and zoning inspections,
Condition Nos. land 8, above-mentioned, shall be complied with.
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 9th day of September,
1986.
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M OR OF THE CITY OF NAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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101086
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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. 86R-408 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of September, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL Mfu~BERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-408 on the 9th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I LEONORA N. SOI~, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-408 duly passed and
adopted by the Anaheim City Council on September 9, 1986.
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CITY CLERK