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1979-165RESOLUTION NO. 79R -165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3076. WHEREAS, after a request for variance by ROBERT 0. ETCHANDY, ET AL., owners; ELDEN BAINBRIDGE, 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. 3076 was denied, covering the following described property: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT OF SAID LAND FILED IN THE DIS- TRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 2 16' 30" EAST 789.50 FEET ALONG THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED TO PETER ALLEC, JR. AND ROBERT JOHN ALLEC BY DEED RECORDED MARCH 2, 1928 IN BOOK 140 PAGE 93 OF OFFICIAL REC- ORDS, PRODUCED WESTERLY, SAID POINT BEING ALSO IN THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE LAND DESCRIBED IN THE AGREEMENT BETWEEN J. W. WALLS AND WIFE AND GEORGE LEMKE AND WIFE, RECORDED FEBRUARY 26, 1931 IN BOOK 459 PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 88° 27' 00" EAST 360.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 2° 16' 30" WEST 789.50 FEET TO SAID SOUTH LINE; THENCE NORTH 88° 27' 00" WEST 360.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THERE- FROM THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 5, 1967 IN BOOK 8216 PAGE 857 OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 90 PAGE 19 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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 prop- erty 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 establishment of a three -lot industrial subdivision on the property hereinbefore de- scribed with waivers of the following sections of the Anaheim. Municipal Code: SECTION 18.01.130 Requirement that all lots abut a public street. (2 lots with- out street frontage proposed) That said variance be granted subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land sixty (60) feet in width from the centerline of the street along Tustin Avenue for street widening purposes; and conditionally dedicate to the City of Anaheim a strip of land variable in width from the centerline of the street as required by the City Engineer along Tustin Avenue for slope con- struction purposes, conditioned upon the widening of the Tustin Avenue freeway overcrossing. 2. That all engineering requirements of the City of Anaheim along Tustin Avenue from the centerline of the east -west private street to approximately 275 feet south thereof, including prepara- tion 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 plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Tustin Avenue shall be installed prior to final building and zoning inspections unless otherwise approved by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; 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 that the above improvements will be installed prior to occupancy. 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. 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, which shall include installation of RCP in place of the existing open channel through the area of street improvement on Tustin Avenue. 7. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 8. That the existing slope on the east side of Tustin Avenue shall be landscaped and irrigated as approved by the Parkway Main- tenance Superintendent and maintained by the developer. 9. 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. 10. That Condition Nos. 1, 2 and 7, 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 Commission may grant. 11. That Condition Nos. 3, 5, 6 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the con- ditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of March, 1979. ATTEST: CITY CLERK OF T JLW fm CITY OF ANAHEIM -3- MAYOR_OF THE CITY OF ANAHEIM PRO TEM AYES: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour 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. 79R -165 was introduced and adopted at a regular meeting provided by law, of the City. Council of the City of Anaheim held on the 20th day of March, 1979, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 79R -165 on the 20th day of March, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of March, 1979. (SEAL) CITY.CL ..RK OF THE CI ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -165 duly passed and adopted by the Anaheim City Council on March 20, 1979.