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1977-271RESOLUTION NO. 77R -271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING IN PART VARIANCE NO. 2874. WHEREAS, after a request for variance by BERNARDO M. and MARGARET L. YORBA, owners; RON ALLEN, HIRAM A. DEFRIES and THOMAS L. WOODRUFF, agents, 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. 2874 was granted in part covering the following described property: Parcel 3, as shown on a map filed in book 50, page 36 of Parcel Maps, records of said Orange County. 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 rake the following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surround- ings, 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 the construction of self service gasoline pumps and an office building on the property here inbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.44.062.011 SECTION 18.84.062.011 Minimum building setback from an expressway. (100 feet required; 25 feet proposed) SECTION 18.84.062.012 Maximum building height. (0 feet permitted; 13 feet and 18 feet proposed) Minimum building setback from an arterial highway. (50 feet required; 20 feet and 16 feet proposed) -1- SECTION 18.84.062.0142 Minimum landscaped setback from a residential zone. (10 feet required; 0 feet proposed) That said variance be granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Nos. 64 -65 -4 and 71 -72 -7, now pending. 2. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road and Imperial Highway, including prep- aration of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with stand- ard specifications on file in the Office of the City Engineer; that street lighting facilities along Santa Ana Canyon Road and Imperial Highway shall be installed as required by the Director of Public Works and in accordance with standard plans and specifica- tions on file in the Office of the Director of Public Utilities; and that 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 installation of the above mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Pub- lic Works. 4. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 5. That Variance 2926 shall be terminated and the existing integrated tract sign shall be removed prior to issuance of an oc- cupancy permit. 6. That the proposed development shall comply with all sign- ing requirements of the Scenic Corridor Zone Overlay, as stipulated to by the petitioner. 7. That no median cut shall be made on Imperial Highway. 8. That precise landscaping plans shall be submitted for Planning Commission review and approval, as stipulated to by the petitioner. 9. That the landscaping in the right -of -way adjacent to Santa Ana Canyon Road and Imperial Highway shall be maintained in perpetuity by the property owner(s), as stipulated to by the peti- tioner; and that a written agreement for said perpetual mainten- ance shall be submitted to the City Attorney's Office for review and approval and then filed and recorded in the Office of the Orange County Recorder prior to the issuance of a building permit. -2- 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1, 2 and 3, which plans provide a 50 -foot landscaped setback from Santa Ana Canyon Road. 11. That Condition Nos. 1, 2, 5 and 8, above- mentioned, shall be complied with prior to the commencement of the activity author- ized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commis- sion or City Council may grant. 12. That Condition Nos. 3, 6, 7 and 10, above- mentioned, shall be complied with prior to final building and zoning inspections. 13. That no medical offices, medical laboratories or related uses, or any commercial retail uses or other commercial uses having parking requirements exceeding the number of spaces provided for the proposed office buildings, shall be permitted as tenants of the proposed office structures, as stipulated to by the petitioner. 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 owners, their successors or assigns to comply with the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 19th day of April, 1977. ATTEST: JLW:fm CITY CLERK OF T E CITY OF ANAHEIM Y OF THE CIT •F ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -271 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of April, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R -271 on the 19th day of April, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of April, 1977. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -271 duly passed and adopted by the Anaheim City Council on April 19, 1977. CITY CLERK