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86R-453 RESOLUTION NO. 86R-453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3590. WHEREAS, after a request for variance by REMO GIZZI AND ANTONIETTA GIZZI, 21752 Queensbury, El Toro, California 92630, owners, and RANDY MC FARLAND, 8412 Garden Grove Boulevard, Garden Grove, California 92644, 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. 3590 was denied covering the following described property: PARCEL 1, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 26, PAGE 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 60.00 FEET; THENCE SOUTHEASTERLY IN A DIRECT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2 DISTANT EASTERLY 18.00 FEET FROM SAID SOUTHWEST CORNER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 18.00 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 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 of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted for construction of a commercial shopping center on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.022, 18.060.080 AND 18.44.066.050 Minimum number of parking spaces. (41 parking spaces required; 23 spaces proposed) SECTION 18.44.062.011 Maximum building height. (zero feet adjacent to single-family residential zoning permitted; l8-foot high building proposed) SECTION 18.44.063.040 Minimum landscaped setback. (10 feet adjacent to single- family residential zone re- quired; none proposed) That said variance be granted subject to the following conditions: 1. 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 determined by the City Council. 2. That sidewalks shall be repaired along Katella Avenue as required by the City Engineer and an accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 7. That street lighting facilities along Katella Avenue and Nutwood Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, 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 the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. 8. That a reciprocal access and parking agreement with the property adjacent on the east shall be recorded and a copy delivered to the City of Anaheim prior to issuance of a building permit. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, however, that no restaurant uses shall be established on the property unless parking is provided in accordance with the Anaheim Municipal Code. -2- 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 City Council of the City of Anaheim ~~~Of October, MAYOR OF THE CITY dF ANAHEIM the 1986. ATTEST: i.! '/ itC.&'~'(~ CITY CLERK OF THE BG: fm l6l3L 010887 . - /.' ( J. A, ( ~ (7- ..... CITY OF ANAHEIM -3- (SEAL) 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-453 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 October, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-453 on the 7th day of October, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of October, 1986. ~~ CITY CLERK OF / _(/ C:'" A () /...~ 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. 86R-453 duly passed and adopted by the Anaheim City Council on October 7, 1986. ..... ,- /~) I S-~ / rJ I~q /'" ~-~ CITY CLERK OF THE CITY OF ANAHEIM