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1975-210RESOLUTION NO. 75R -210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING IN PART VARIANCE NO. 2683. WHEREAS, after a request for variance by UNION OIL COMPANY OF CALIFORNIA, Agent and ROBERT M. HUGGINS, JR., Owner, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2683 was granted in part, cover- ing the following described property: That portion of Lot 11 of Anaheim Extension, in the City of Anaheim, as shown on a Map of Survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, a copy of which is shown in Book 3, Page 163, et seq. entitled "Los Angeles County Maps Records of said Orange County, described as follows: Beginning at a point on the Southerly line of Center Street, as shown on said map South 74° 37' 32" West 153.19 feet from the intersection of said Southerly line of Center Street with the Westerly line of a 60 foot road known as Placentia Avenue; thence North 74 37' 32" East 126.75 feet along said Southerly line of Center Street, to the beginning of a tangent curve concave Southwesterly and having a radius of 20 feet, said curve also being tangent to said Westerly line of Placentia Avenue; thence Easterly, Southeasterly and Southerly 36.93 feet along said curve to said Westerly line of Placentia Avenue; thence South 0° 25' 45" West 329.22 feet along said Westerly line of Placentia Avenue to the Northerly line of Anaheim Olive Road, as described in Deed to the State of Cali- fornia, recorded April 12, 1937, in Book 683, Page 89, Official Records, in the Office of the County Recorder of said Orange County; thence North 78° 52' 48" West 150.00 feet along said Northerly line of Anaheim Olive Road; thence North 0 25' 45" East 286.11 feet to the point of beginning; Except that portion thereof described as follows: Beginning at the point of intersection of the North- erly line of Anaheim Olive Road with the Westerly line of Placentia Avenue; thence North 0 25' 45" East 179.22 feet along said Westerly line of Placentia Ave- nue; thence Westerly at a right angle to said Westerly line of Placentia Avenue, to a point on the Westerly line of the above described property; thence South 0° 25' 45" West along said Westerly line of the above described property to a point on the Northerly line of said Anaheim Olive Road; thence South 78 52' 48" East 150.00 feet along said Northerly line of Anaheim Olive Road to the point of beginning. (4290) 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- 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 classifica- tion 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 classifica- tion 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 in part permitting an automotive diagnostic and service center on the aforesaid property with the following waivers of the Anaheim Municipal Code: SECTION 18.44.020 Permitted uses. (Automobile diag- nostic and service center not permitted in "CL" Zone) SECTION 18.44.064.020 Maximum access drive width. (30 feet permitted; 40 feet existing) That the Variance be granted in part subject to the following conditions: 1. That the owner(s) of subject property shall conditionally dedicate to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along State College Boulevard for street widening purposes, conditioned upon the vesting of legal title in the Applicant (Union Oil Company). 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Center Street and State College Boulevard for street lighting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Center Street and State College Boulevard for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Pub- lic Works. 5. 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; provided, however, that plans for landscaping shall be submitted to the Development Services De- partment for approval prior to City Council review of the subject petition; said landscaping to conform to the landscaping require- ments of the CL Zone, as stipulated to by the petitioner; and, further, that the property shall be upgraded including painting the existing building, resealing the existing paving, removing the pump islands, and cleaning the property in general, as stipulated to by the petitioner. -2- 6. That Condition Nos. 1, 2 and 3, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, which- ever occurs first, or such further time as the Planning Commission and /or City Council may grant. 7. That Condition Nos. 4 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. 8. That all automotive diagnostic work and /or servicing shall be conducted on the inside of the building, as stipulated to by the petitioner. 9. That the diagnostic work and /or servicing of automobiles to be performed at the subject location shall consist of electronic diagnosis and minor tune -up adjustments only, and there shall be no major engine work performed, as stipulated to by the petitioner. 10. That there shall be no overnight storage of automotive vehicles on the subject property, as stipulated to by the petitioner. 11. That there shall be no over- the counter retail sales of parts at the subject location. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 29th day of April, 1975. ATTEST: CITY CLERK OF THE C TY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R -210 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of April, 1975, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed. said Resolution No. 75R -210 on the 29th day of April, 1975. (SEAL) AYES: COUNCIL MEMBERS: Raywood, Seymour, Sneegas end Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of April, 1975. )2 ci7 CITY CLERK OF THE CI ANAHEIM IM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -210 duly passed and adopted by the Anaheim City Council on April 29, 1975. City Clerk