1985-109RESOLUTION NO. 85R-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3454.
WHEREAS, after a request for variance by WILLIAM J.
MURPHY, owner, and MIRIAM MIRANDA, 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.
3454 was granted covering the following described property:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER TOGETHER WITH THAT PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER TO THE SOUTHERLY
LINE OF THAT CERTAIN 50.00 FOOT WIDE STRIP OF LAND
DESCRIBED IN DEED TO SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED JUNE 27, 1889 IN BOOK 570, PAGE 288
OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO
MARGUERITE M. NORTH, RECORDED OCTOBER 4, 1946,
INSTRUMENT NO. 49847, IN BOOK 1450, PAGE 488 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG
SAID NORTHWESTERLY LINE SOUTH 45 00' 00" WEST TO THE
EASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO LOUIS
W. BAGGOTT AND WIFE, RECORDED OCTOBER 9, 1926,
INSTRUMENT NO. 29502, IN BOOK 684, PAGE 8 OF DEEDS,
RECORDS OF SAID ORANGE COUNTY; THENCE NORTHWESTERLY
ALONG THE NORTHEASTERLY LINE OF SAID LAND OF BAGGOTT
TO THE NORTHERLY CORNER THEREOF; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID LAND OF BAGGOTT SOUTH 45°
00' 00" WEST TO THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED
NOVEMBER 9, 1964 IN BOOK 7293, PAGE 770 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID LAST MENTIONED
NORTHEASTERLY LINE NORTH 41° 47" 10" WEST TO THE
""""' BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 610.00 FEET; NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 20' 15" AN
ARC DISTANCE OF 78.12 FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS
OF 750.00 FEET; AND NORTHWESTERLY ALONG SAID CURVE TO
THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH
LINE OF THE NORTHERLY LINE OF SAID LAND OF THE
SOUTHERN PACIFIC RAILROAD COMPANY; THENCE EASTERLY
ALONG SAID NORTHERLY LINE TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 23; THENCE SOUTHERLY ALONG SAID EAST LINE TO
THE POINT OF BEGINNING; 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.
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 a self-storage facility on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.031, - Minimum number of parking
18.06.080 spaces (412 spaces required;
AND 18.61.066.050 11 spaces proposed)
That said variance be granted subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as determined by the City Council for new
industrial buildings.
2. That sidewalks shall be installed along Anaheim Boulevard
as required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City Engineer.
3. 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 within a
distance of forty (40) feet from said public street rights-of-way
shall be subject to the review and approval of the City Traffic
Engineer.
4. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
5. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
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6. That in the event 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.
7. That subject property shall be served by underground
utilities.
8. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
9. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
10. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Anaheim Boulevard in an
amount as determined by the City Council.
11. That this Variance is granted subject to adoption of the
Zoning Ordinance in connection with Reclassification No. 84-85-20,
now pending.
12. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the satisfaction of
the City Fire Chief and Chief of Police.
13. That fire sprinklers shall be installed as required by
the City Fire Marshal.
14. That prior to issuance of building permits, the applicant
shall present evidence satisfactory to the Chief Building Inspector
that the "caretakers apartment" will be in conformance with Noise
Insulation Standards specified in the California Administrative
Code, Title 25.
15. That prior to issuance of building permits, the applicant
shall present evidence satisfactory to the Chief Building Inspector
that the proposed project is in conformance with Council Policy
Number 542 "Sound Attenuation in "caretakers apartment".
16. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
17. That there shall be no outdoor storage whatsoever.
18. That prior to the commencement of the activity authorized
under this resolution, or prior to the time that a building permit
is issued, or within a period of ninety (90) days from the date of
this resolution, whichever occurs first, the owner(s) of subject
property shall execute and record a covenant in a form approved by
the City Attorney's Office wherein such owner(s) agree not to
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contest the formation of any assessment district(s) which may
hereafter be formed pursuant to the provisions of Development
Agreement No. 83-O1 between the City of Anaheim and Anaheim Stadium
Associates, which district(s) could include such owner's property.
Failure to comply with this condition within the specified time
shall deem this variance null and void.
19. That the existing water well located on the westerly
portion of subject property shall be abandoned or otherwise
rendered safe to the satisfaction of the City Water Engineering
Division.
20. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 6.
21. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 10, 11, 14 and 15, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
22. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 4, 5, 7, 9, 12, 13, 19 and 20,
above-mentioned, shall be complied with.
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 5th day of March, 1985.
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MAYOR OF THE CITY F ANAHEIM
ATTEST:
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C CLERK THE CITY OF ANAHEIbr
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3399M
040385
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-109 was introduced and adopted at a regular .,-•~,,,,,
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of March, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-109 on the 5th day of March, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of March, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing_is the original of Resolution No. 85R-109 duly passed and
adopted by the Anaheim City Council on March 5, 1985.
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CITY CLERK