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90-009 RESOLUTION NO. 90R-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3985. WHEREAS, after a request for variance by LEMON ASSOCIATES, 146 E. Orangethorpe, Anaheim, CA 92801, BRYAN INDUSTRIAL PROPERTIES, INC., 146 E. Orangethorpe Avenue, Anaheim, CA 92801 and ORANGE COUNTY INDUSTRIAL BUILDERS, 146 E. Orangethorpe Avenue, Anaheim, CA 92801, owners, and GARNER MANAVIAN CHOW & ASSOCIATES, AIA, 500 Silver Spur Road, #111, Palos Verdes Peninsula, CA 90274 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. 3985 was granted, in part, covering the following described property: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK $1, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, DISTANT NORTH 0 DEC. 10' 2S" WEST 200.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUING NORTH 0 DEG. 10' 25" WEST ALONG SAID WEST LINE 127.86 FEET TO THE NORTHWEST CORNER OF THE SOUTH 10 ACRES OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEG. 36' 20" EAST ALONG THE NORTH LINE OF SAID SOUTH 10 ACRES 339.33 FEET; THENCE SOUTH 0 DEG. 17' 25" EAST 127.86 FEET; THENCE SOUTH 89 DEG. 36' 20" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES 339.59 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; 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. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. Variance 3985 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 to permit a commercial development upon a 4-acre portion (Parcels B, C and F as described in Resolution No. 90R-71 of the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.022 - Minimum number of parking spaces. 18.06.080 [292 required; 251 proposed) AND 18.44.066.050 That said variance be granted subject to the following conditions: 1. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Department Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 2. That no outdoor parking/vehicular circulation areas shall be used to store materials. 3. That prior to the commencement of any new non-industrial use of a building, a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as established by City Council Resolution. 4. That no prepared-food service facilities (restaurants) shall be permitted unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or sufficient Code parking is provided. 5. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 6. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 7. That this Variance is granted subject to the adoption of a zoning ordinance in connection with Reclassification No. 89-90-06, now pending. 8. 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 and 2. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the -2- Variance 3985 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of January, 1990. ATTEST: CITY CLERK OF-THE CITY EiM OF JLW: kh 3441L 010590 -3- Variance 3985 CLERK STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ~EIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ that the foregoing Resolution No. 90R-9 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of January, 1990, by the following vote of the members Mereof: AYES: CO~CIL MEMBERS: Daly, Ehrle, Ka~ood, Pickler and Hunter NOES: COUNCIL ME~ERS: None ABSENT: COUNCIL MEMBERS: None ~D I ~RTHER certify Mat Me Mayor of the City of An~eim signed said Resolution No. 90R-9 on the 10th day of January, 1990.. IN WITNESS MEREOF, I have hereunto set my hand and affixed the seal of the City of An~eim this 10M day of January, 1990. CITY CLE~ OF THE CITY OF ~AHEIM (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-9, duly passed and adopted by the Anaheim City Council on January 2, 1990. CITY CLERK OF THE CITY OF ANAHEIM