90-408 RESOLUTION NO. 90R-408
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4085.
WHEREAS, after a request for variance, was received, a
public hearing before the Zoning Administrator of the City of
Anaheim was held upon due and proper notice, a result of which
Variance No. 4085 was granted covering the following described
property:
PARCEL 1:
BEGINNING AT A POINT OF THE SOUTH LINE OF WEST
BROADWAY WHICH SAID POINT IS 40 FEET SOUTH OF A
POINT WHICH IS 132.88 FEET EAST OF A CEMENT
MONUMENT MARKING THE NORTHWEST CORNER OF LOT 47
OF "ANAHEIM EXTENSION", IN THE CITY OF ANAHEIM,
AS SHOWN ON A MAP OF SURVEY MADE BY WM. HAMEL
AND FILED FOR RECORD WITH THE COUNTY RECORDER
OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT
BEING THE INTERSECTION OF THE SOUTH LINE OF
WEST BROADWAY WITH THE WEST LINE OF ADAMS
STREET, RUNNING THENCE SOUTH 0° 10' WEST ALONG
THE WEST LINE OF SAID ADAMS STREET AND THE
CONTINUATION THEREOF 455.75 FEET TO THE SOUTH
LINE OF THE TRACT OF LAND CONVEYED TO THE
ANAHEIM MANUFACTURING COMPANY BY DEED RECORDED
NOVEMBER 12TH, 1920 IN BOOK 378, PAGE 396 OF
DEEDS; THENCE SOUTH 88° 57 1/2' WEST ALONG SAID
SOUTH LINE 100/40 FEET TO A POINT OF THE EAST
LINE OF THE RIGHT OF WAY OF THE LOS ALAMITOS
BRANCH OF THE SOUTHERN PACIFIC RAILWAY; THENCE
NORTH 0° 09' WEST ALONG SAID EAST LINE 248.44
FEET TO A POINT AND CONTINUING ALONG SAID RIGHT
OF WAY LINE ON A CURVE NORTHEASTERLY WITH A
RADIUS OF 352.25 FEET TO AN INTERSECTION ON THE
SOUTH LINE OF SAID BROADWAY STREET; THENCE
NORTH 88° 55' EAST ALONG SAID SOUTH LINE 34.44
FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THE SOUTH 57.92 FEET OF ADAMS STREET, ADJOINING
SAID LAND ON THE EAST, WAS ABANDONED BY THE
CITY OF ANAHEIM, BY RESOLUTION RECORDED
FEBRUARY 6, 1942 IN BOOK 1134, PAGE 387,
OFFICIAL RECORDS, AND THE NORTH 132.14 FEET OF
THE SOUTH 190.06 FEET OF SAID ADAMS STREET WAS
VAR. #4O85
ABANDONED BY RESOLUTION RECORDED FEBRUARY 27,
1970 IN BOOK 9227, PAGE 525, OFFICIAL RECORDS;
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 Zoning Administrator 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 permitting a 22,000 sq. ft. industrial building
(cold storage) on the property hereinbefore described with waivers
of the following sections of the Anaheim Municipal Code:
Section 18.06.050.0212 - Minimum number of
18.06.050.031 Darkinq spaces.
18.06.080 (51 required; 13
and 18.61.066.050 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 established by City Council resolution.
2. That plans shall be submitted to the City Traffic
Engineer for his review and approval showing conformance with the
latest revision of Engineering Standard Plan Nos. 436, 602 and 605
pertaining to parking standards. Subject property shall thereupon
be developed and maintained in conformance with said plans.
3. That all driveways shall be constructed with fifteen (15)
foot radius curb returns as required by the City Engineer in
conformance with Engineering Standards.
4. That no outdoor storage shall be fenced (ie. to
accommodate material storage) in areas designated for parking as
shown on submitted plans.
VAR. #4O85
5. That a fee for street lighting purposes shall be paid to
the city of Anaheim based on the length of street frontage along
Broadway in an amount as established by City Council resolution.
6. That grading and drainage of subject property shall
conform to Chapter 17.04 "Grading, Excavations, Fills and Water
Courses" of the Anaheim Municipal Code.
7. That the legal owner of subject property shall dedicate
to the City of Anaheim an easment five (5) feet in width along the
south property line for public utility purposes, as required by the
Electrical Engineering Division.
8. That fire sprinklers shall be installed as required by
the Fire Department.
9. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with said
division. Such information shall be specifically shown on the
plans submitted for building permits.
10. That a six (6) foot high masonry block wall shall be
constructed and maintained along the west property line excepting
the front setback along Broadway where the wall height shall not
exceed three (3) feet. Said block wall shall be planted and
maintained wih clinging vines to eliminate graffiti opportunities.
11. That any proposed parking area lighting fixtures located
adjacent to any residential property shall be down-lighted with a
maximum height of twelve (12) feet. Said lighting fixtures shall
be directed away from adjacent residential property lines to
protect the residential integrity of the area and shall be
indicated on the plans submitted for building permits.
12. That any roof-mounted equipment shall be screened from
public view as required by the appropriate city Code.
13. That the on-site landscaping and irrigation system shall
be maintained in compliance with city standards.
14. That within a period of twenty one (21) days from the
date of this resolution, the City of Anaheim shall determine (a)
whether the existing building is structurally sound and can be re-
located elsewhere and (b) whether it is feasible to re-locate and
re-use the existing building elsewhere.
If the City determines (a) that the existing building is
structurally sound (b) that it is feasible to re-locate and use it
elsewhere, and (c) that the City or Anaheim Redevelopment Agency
desires ownership and possession of the building, the property
owner shall wihtin a period of twenty one (21) days following the
VAR. #4085
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City's determination, execute a document relinquishing title to the
building to the City of Anaheim Redevelopment Agency. The property
owner shall not be responsible for the cost of re-locating the
building. Within thirty (30) days following the property owner's
execution of the document relinquishing title to the building or by
such further time as may be agreed to by the property owner, the
developer and the city of Anaheim, the city of Anaheim shall move
the building from the subject property.
If the city determines that either (a) or (b) or both (a)
and (b), above-specified, are not feasible, no further action shall
be taken by either the City or the petitioner and the petitioner
may obtain the necessary permits to demolish or otherwise dispose
of the existing building.
15. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the city of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2 and 3.
16. That prior to issuance of a building permit or within a
period of one (1) year from the date of this decision, whichever
occurs first, Condition Nos. 1, 2, 5, 7, 9 and 11, 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.
17. That prior to final building and zoning inspections,
Condition Nos. 3, 6, 8, 10, 12 and 15, above-mentioned, shall be
complied with.
18. 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, State
and Federal 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.
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.
VAR. #4085
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of November,
1990.
ATTEST:
JLW:db
R34V4085.113
VAR. #4085
- 5 -
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. 90R-408 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 November, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-408 on the 4th day of December, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of December, 1990.
CITY CLERK OF 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. 90R-408 duly passed and
adopted by the Anaheim City Council on November 13, 1990.
CITY CLERK OF THE CITY OF ANAHEIM