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1985-424RESOLUTION NO. 85R-424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING, IN PART, VARIANCE NO. 3497. WHEREAS, after a request for variance by ROBERT A. FERRANTE, owner, and MICHAEL K. FRAZIER, 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. 3497 was granted, in part, covering the following described property: PARCEL 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 120 PAGES 22 AND 23 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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, in part, permitting expansion of an existing commercial center on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0212 - Minimum number of 18.06.050.022 parking spaces. (303 18.06.050.0221 spaces required; 244 18.06.050.0231 proposed) 18.06.080 AND 18.44.066.050 BE IT FURTHER RESOLVED that the City Council does further find and determine that: 1. There are no special circumstances applicable to the property which do not apply to other property under identical zoning classification in the vicinity; and 2. Strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity and for such reason, waiver of the following provision of the Anaheim Municipal Code is hereby denied: SECTIONS 18.84.062.013 - Minimum landscaped AND 18.84.062.014 setback. (20 feet fully landscaped adja- cent to Old Santa Ana Canyon Road required; 0 to 20 feet proposed) BE IT FURTHER RESOLVED that said variance be granted, in part, subject to the following conditions: 1. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 2. 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. 3. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That, as specified in Anaheim Municipal Code Section No. 18.84.062.032, no roof-mounted equipment, whatsoever, shall be permitted. 5. That the proposal shall comply with all signing requirements of the CL(SC) Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 6. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 7. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. 8. 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 4. 9. 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 No. 8, 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. -2- 10. That prior to final building and zoning inspections, Condition Nos. 1, 3, 6 and 9, above-mentioned, shall be complied with. 11. That no restaurants or medical office uses nor any additions to existing restaurants or medical offices shall be permitted. 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 24th day of September, 1985. 4`'l. MAYOR OF THE CITY F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 4256M 093085 -3- CLERK 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-424 was introduced and adopted at a regular '""~+, meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of September, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-424 on the 24th day of September, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of September, 1985. ~~~ CITY CLERK OF TH 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-424 duly passed and adopted by the Annatieim City Council on September 24, 1985. ~!~ CITY CLERK