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94-070 RESOLUTION NO. 94R-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4237. WHEREAS, after a request for variance to permit expansion of an existing take-out restaurant/deli into an adjacent vacant unit (formerly occupied by a retail tenant) to include 1,175 square feet of seating area, 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. 4237 was granted covering the following described property: LOT 152 OF TRACT NO. 1825, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 62 PAGE 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOOLOWS: BEGINNING AT THE WEST TERMINUS OF THE MORTH LINE OF SAID LOT WHICH IS SHOWN AS NORTH 89051'00" WEST 190.01 FEET, AND RUNNING; THENCE SOUTH 89051'00" EAST ALONG SAID LINE 150.01 FEET; THENCE SOUTH 0032'30" EAST PARALLEL WITH THE PORTION OF THE WEST LINE OF SAID LOT HAVING SAID BEARING 100.00 FEET; THENCE NORTH 89o51'00" WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 38.74 FEET, MORE OR LESS; THENCE SOUTH 0o32'30" EAST 45.61 FEET; THENCE NORTH 89o51'00" WEST PARALLEL WITH THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION 125.00 FEET TO THE WESTERLY LINE OF SAID LOT, SAID POINT OF INTERSECTION BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 730.00 FEET, A RADIAL LINE AT SAID POINT BEARING NORTH 85°51'00" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3036'37", AN ARC DISTANCE OF 46.00 FEET TO A LINE TANGENT; THENCE NORTH 0032'30" WEST ALONG SAID TANGENT LINE, BEING THE WEST LINE OF SAID LOT, 84.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°41'30", AN ARC DISTANCE OF 23.74 FEET TO THE POINT OF BEGINNING, AS CONVEYED TO F. S. S. LAND CORP. BY DEED RECORDED JUNE 6, 1963 IN BOOK 6577 PAGE 216 OF OFFICIAL RECORDS; 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 to permit expansion of an existing take-out restaurant/deli into an adjacent vacant unit (formerly occupied by a retail tenant) to include 1,175 square feet of seating area on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.022 Minimum Number of Parkin~ Spaces. 18.06.050.0231 (116 spaces required by Code; AND 18.44.066 107 spaces required by Parking Study; 8--7 spaces existing; and 107 spaces proposed by restriping). That said variance be granted subject to the following conditions: 1o That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45 feet in width from the centerline of the street along East Street for street widening purposes. 2. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 2 5. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on plans submitted for building permits. 6. That food waste products (i.e., meat and vegetables) shall be pre-bagged before placing in the trash bins. 7. That no on or off-sale and consumption of alcoholic beverage shall be permitted. 8. That the interior of the building shall not be "hosed down" to the exterior of the building. All drainage of hosing down" the interior shall be via an interior floor drain. 9. That a 6 foot high block wall with landscaping to prevent graffti be constructed along the east property line within 90 days of approval 10. That the driveway along Briarwood Street be closed and the parking lot be re-stiped to the satisfaction of the City Traffic and Transportation Manager within 90 days of approval. 11. 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. 12. That prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos.1 through 5, 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. 13. That within 90 days of approval Condition Nos 9 and 10 shall be complied with. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 3 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 this day of April , 1994. CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 6829.1\J~4HITE\April 28, 1994 4 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. 94R-70 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of April, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Daly NOES: COUNCIL MEMBERS: Pickler, Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-70 on the 27th day of April, 1994. IN WITNESS WHEREOF, I have hereunte set my hand and affixed the official seal of the City of Anaheim this 27th day of April, 1994. 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. 94R-70 was duly passed and adopted by the City Council of the City of Anaheim on April 26, 1994. CITY CLE!RK OF THE CITY OF ANAHEIM