86R-287
RESOLUTION NO. 86R-287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3554.
WHEREAS. afte~ a request for variance by CLARA V. HAILE
c/o BEN F. HAILE. 3053-B Via Serena South, Laguna Hills.
Califo~nia 92653 and ARCO PETROLEUM PRODUCTS COMPANY. 515 South
Flower Street. P.O. Box 2679 TA. Los Angeles. California 90051
~TTENTION: CARL FREDERICK. owners. and MUNSON PROPERTIES-ROBERT
R. CROWTHER. 16480 Bacbor Bouleva~d. Suite 102, Fountain Valley,
California 92708, 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. 3554 was
granted covering the fOllowing described property:
THE EAST 152 FEET OF THE SOUTH 78 FEET OF THE NORTH
1092 FEET OF THE EAST HALF OF THE EAST 20 ACRES OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
7. TOWNSHIP 4 SOUTH. RANGE 10 WEST. S.B.B. & M.; AND
PARCEL 2 OF PARCEL MAP NO. 84-248. IN THE CITY OF
ANAHEIM. COUNTY OF ORANGE. STATE OF CALIFORNIA. AS
SHOWN ON A MAP FILED IN BOOK 202, PAGES 14 AND 15 OF
PARCEL MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; and
WHEREAS. thereafte~. within the time p~escribed 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 ace special ci~cumstances applicable to the
property. including size. shape. topography. location o~
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 ot the zoning code deprives the propQrty
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
requicements that:
1. The va~iance will not cause an increase in traffic
congestion in the immediate vicinity nor adve~sely 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
welfa~e of the citizens of the City of Anaheim.
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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 a 16.386 square foot retail center on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.44.062.011
Maximum structural height.
(10 to 73 feet in height
adjacent to the westerly
(RS-A-43.000) property line
and 0 to 26 feet in height
adjacent to the northerly
(RS-A-43.000) property line
permitted; two 22-ft. high
buildings proposed)
SECTION 18.44.063.040
Minimum structural setback.
(10 ft. adjacent to single-
family (RS-A-43.000) zone
to the north required; 0 to
10 ft. 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 for new
commercial buildings.
2. That the existing most northerly driveway on Gilbert
Street shall be removed and replaced with a standard curb. gutter,
sidewalk and landscaping when the existing residential structure at
115 North Gilbert Street is removed and the underlying lot is
ultimately developed.
3. That all driveways shall be constructed 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 mann9r satiSfactory to thA City Rnqineer.
s. That subject property shall be served by underground
utilities.
6. That prior to commencement of structural framing. fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
7. Tht trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
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8. That p~io~ to issuance of a building permit. primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
9. That this Variance is granted subject to the adoption of
the Zoninq Ordinance in connection with Reclassification No.
85-86-29. now pending.
10. That the proposal shall comply with all signing
requirements of the CL Zone. unless a va~iance allowing sign
waivers is approved by the Planninq Commission or City Council.
11. 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.
lZ. That prior to final building and zoning inspections,
Condition Nos. 2. 3. 4. 5. 9 and 11. 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 applicant1s compliance with
each and all of the conditions hereinabove set forth. Should any
such condition. or any part thereof. be declared invalid o~
unenfo~ceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any app~ovals herein
contained. shall be deemed null and void.
ATTEST:
a-, 71/-
~CITY CLERK OF
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5605M
073086
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-287 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of June, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt and Pickler
NOES:
COUNCIL MEMBERS: Bay and Roth
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-287 on the 24th day of June, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of June, 1986.
.
~.CITY CLERK OF THE CITY Q
(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-287 duly passed and
adopted by the Anaheim City Council on June 24, 1986.
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