1977-656RESOLUTION NO. 77R -656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING, IN PART, VARIANCE NO.
2955. (REHEARING)
WHEREAS, after a request for variance by SHELDON and
CONSTANCE GOLISON, owners; HAROLD G. MOOREHEAD, agent, was re-
ceived, 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. 2955 was granted, in part, covering the follow-
ing described property:
PARCEL 1: THE NORTH 257.00 FEET OF THE EAST 316.50
FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUAR-
TER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE
11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
EXCEPTING THEREFROM:
THE SOUTH 135.00 FEET OF THE NORTH 180.00 FEET OF
THE WEST 150.00 FEET OF THE EAST 203.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC-
TION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: A NON- EXCLUSIVE TRIANGULAR EASEMENT FOR
DRIVEWAY PURPOSES OVER THAT PORTION OF THE NORTH-
EAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE
11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER THEREOF, THENCE
WESTERLY 50.00 FEET ALONG THE SOUTHERLY LINE THEREOF;
THENCE NORTHEAST IN A DIRECT LINE TO A POINT ON THE
EASTERLY LINE THEREOF NORTHERLY 18.00 FEET FROM SAID
SOUTHEAST CORNER; THENCE SOUTHERLY 18.00 FEET ALONG
SAID EASTERLY LINE TO THE POINT OF BEGINNING.
SAID EASEMENT IS SHOWN ON A MAP FILED IN BOOK 13
PAGE 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF ORANGE; 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 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 priv-
ileges 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, permitting the construction of two commercial
buildings on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.44.062.011
Maximum building height.
(5 feet permitted; 12 feet
proposed)
That said variance be granted subject to the following conditions:
1. That all engineering requirements of the City of Anaheim
along Magnolia Avenue and Orange Avenue, including preparation of
improvement plans and installation of all improvements such as curbs
and gutters, sidewalks, street grading and paving, drainage facili-
ties or other appurtenant work, shall be complied with as required
by the City Engineer and in accordance with standard plans and spec-
ifications on file in the Office of the City Engineer; that street
lighting facilities along Magnolia Avenue and Orange Avenue shall
be installed as required by the Director of Public Utilities, and
in accordance with standard specifications on file in the Office of
the Director of Public Utilities; and /or that a bond, certificate
of deposit, letter of credit, or cash, in an amount and form satis-
factory to the City of Anaheim shall be posted with the City to
guarantee the installation of the above- mentioned requirements.
2. That the owners of subject property shall pay to the City
of Anaheim the sum of sixty (60) cents per front foot along Magnolia
Avenue and Orange Avenue for tree planting purposes.
3. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Director of
Public Works.
4. That fire hydrants shall be installed and charged, as
required and determined to be necessary by the Chief of the Fire
Department, prior to commencement of structural framing.
2-
5. That subject property shall be served by underground
utilities.
6. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
7. 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.
8. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2; provi-
ded, however, that (a) the minimum number of parking spaces for
commercial uses shall be provided as required by Code, (b) that
an eight (8) foot high block wall shall be constructed on the
south and west property lines, (c) that a ten (10) foot wide land-
scaped buffer shall abut the west and south property lines and be
planted with trees on twenty (20) foot centers, according to the
type of tree planted, to effectively screen the commercial build-
ings from the adjacent residential areas, (d) that a mansard -type
roof shall be constructed on the rear portion of the building ad-
jacent to the south property line to match the roof design on the
front of the building, and (e) that see through -type gates shall
be provided at the east and west ends of the building adjacent to
the south to the eight (8) foot block wall.
9. That Condition Nos. 1 and 2, 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 per-
mit is issued, or within a period of one year from date hereof,
whichever occurs first, or such further time as the Planning Com-
mission may grant.
10. That Condition Nos. 3, 5, 6 and 8, above- mentioned,
shall be complied with prior to final building and zoning inspec-
tions.
11. That said business activity shall not be conducted or
open to the public prior to 8:00 a.m. or later than 11:00 p.m.
daily.
12. That there shall be no
beverages on the premises without
the City Council.
BE IT FURTHER RESOLVED
reserves the right to revoke such
or failure of said owners, their
comply with the Anaheim Municipal
conditions herein. Said variance
scribed by the Anaheim Municipal
herein.
on -sale or off -sale of alcoholic
the prior specific approval of
that the City Council hereby
variance permit for good cause
heirs, successors or assigns to
Code and regulations and the
is granted for the term pre
Code unless otherwise specified
-3-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day of October, 1977.
ATTEST:
JLW:fm
CITY LERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
(SEAL)
ss.
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -656 was introduced and adopted at a regular
meeting provided by law, of the City Council of the 'City of Anaheim held on
the 4th day of October, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 77R -656 on the 4th day of October, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of October, 1977.
CITY ERK OF THE CI 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 -656 duly passed and adopted
by the Anaheim City Council on October 4, 1977.
CITY CLERK