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94-137 RESOLUTION NO. 94R-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4247. WHEREAS, after a request for variance to permit a floral design school and retail florist, 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. 4247 was approved covering the following described property: THAT PORTION OF LOT 16 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SBOWN ON A MAP BY WM. HAMEL ON FILE IN THE RECORDER'S OFFICE OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED ON PAGES 163 AND FOLLOWING, BOOK 3 ENTITLED "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF PLACENTIA AVENUE, DISTANT THEREON SOUTH O° 05' 15" WEST 493.97 FEET FROM THE NORTHEAST CORNER OF SAID LOT 16, SAID CORNER BEING CONSIDERED TO BE TNE INTERSECTION OF THE CENTER LINES OE SOUTLI STREET AND PLACENTIA AVENUE; THENCE SOUTH 74° 36' 05" WEST 238.23 FEET PARALLEL WITH SAID CENTER LINE OF SOUTH STREET TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO C.L. BECKER, RECORDED IN BOOK 161, PAGE 89, DEEDS; THENCE SOUTH 15° 45' 25" EAST ALONG SAID EAST LINE OF SAID BECKER LAND TO THE SOUTHWESTERLY CORNER OF'THE LAND DESCRIBED IN DEED TO JENNIE B. HATOUK, RECORDED JUNE 3, 1942, iN BOOK 1196, PAGE 47 OF OFFICIAL RECORDS, THENCE NORTH 74° 30' EAST 185.4 FEET ALONG TIIE SOUTHERLY LINE OF SAID NATOUK LAND TO SAID CENTER LINE OF PLACENTIA AVENUE; THENCE NORTH 0° 05' 15" EAST 208.23 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 103.00 FEET; and WHEREAS, tBereafter, 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 fol±owing 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 floral design school and retail florist on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 18.44.066.050 Minimum number of Darkinq ~paces. 18.06.050.0212 (73 spaces required; 23 sDaces proposed) 18.06.050.022 an_ d 18.06.05~.0261 That said variance be granted subject to the following conditions: 1. That a minimum of twenty three (23) parking spaces shall be provided for students, employees and customers. 2. That on the following holidays no floral design classes shall be conducted: Valentine's Day, Mother's Day, Easter, Thanksgiving and Christmas. 3. That, as required by the City Traffic and Transportation Manager, the parking lot shall be restriped in conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be maintained in conformance with said standards. 4. That trash storage areas shall be provided and maintained in a location acceptable to t~e Department of Maintenance in accordance with approved plans on file with said Department. 5. 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. 6. That an on-site trash t~uck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of - 2 - Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 through 3. 8. That prior to commencement of the activity authorized by this decisions or within a period of one (1) year from the date of this decision, whichever occurs first, Conditions Nos. 1, 3, 4, 5, 6 and 7 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. 9. That the maximum number of students shall be sixteen (16) per class and the typical number of employees will be two (2) with the maximum being nine (9) employees during the peak holidays (Valentine's Day, Mother's Day, Easter, Thanksgiving and Christmas). 10. 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 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 28t~ay of_June, 1994. MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM ?660.1\JWHITE\August 8, 1994 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-137 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of June, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMBERS: i~one ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-137 on the 29th day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of June, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City o~I Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-137 was duly passed and adopted by the City Council of the City of Anaheim on June 2~, 1994, CITY CLERK OF THE CITY OF ANAHEIM