RES-1989-321 RESOLUTION NO. 89R-321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3947.
WHEREAS, after a request for variance by BLASH MOMENY,
2002 Business Center Drive, Anaheim, CA 92807, owner, and
MICHAEL FRAZIER, 18200 Yorba Linda, Suite 201, Yorba Linda, CA
92686, 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. 3947 was granted covering
the following described property:
THE WEST ONE-HALF, MEASURED ALONG THE SOUTH LINE OF
LOT 21, OF TRACT 743, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS 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. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
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 3-story, 12-unit apartment complex
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.34.062.012
Maximum structural height.
(1 story within 150 feet of a
single~family residential zone
permitted; 3 stories at 5 feet
from RS~A-43,000 zoning and 135
feet from Buena Park
single-family zoning proposed)
Variance 3947
SECTION 18.34.062.020 Maximum site coverage.
(55% permitted; 57% proposed)
That said variance be granted subject to the following conditions:
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 established by City Council resolution.
That prior to issuance of a building permit, the appropriate
drainage assessment fees shall be paid to the City of Anaheim
in an amount as determined by the City Engineer.
That the existing driveways on Savanna Street shall be removed
and replaced with standard curb and gutter, sidewalk and
landscaping.
That drainage of subject property shall be approved of in a
manner satisfactory to the City Engineer.
That this Variance is granted subject to adoption of a zoning
ordinance in connection with Reclassification No. 88-89-56,
now pending.
That prior to issuance of a building permit, the appropriate
fees due for primary mains and secondary mains, shall be paid
to the Water Utility Division in accordance with Rules 1SA and
20 of the Water Utility Rates, Rules and Regulations.
That prior to issuance of a building permit, the water main in
Savanna Street shall be upgraded to the satisfaction of the
City Water Engineering Division and Fire Department.
8. That the entire project, including garage and units, shall be
fire sprinkled with a "NEPA-13" system, as required by the
City Fire Department.
9. That subject property shall be served by underground utilities.
10.
That trash storage areas shall be provided and maintained in a
location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with
said Division. Such information shall be specifically shown
on the plans submitted for building permits and shall consist
of the following:
(a) Two sets of doors,
(b) A six (6) inch high by
(c) No wing walls, and
(d) A side wall located at
area.
twelve (12) inch wide divider,
the center of the trash storage
-2-
Variance 3947
11.
12.
15.
14.
15.
16.
17.
18.
19.
20.
That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation Division and
in accordance with specifications on file with said division.
That the renter of each residential dwelling unit shall be
provided with written information concerning Anaheim Municipal
Code Section 14.52.500 pertaining to "Parking restricted to
facilitate street sweeping". Such written information shall
clearly indicate when on-street parking is prohibited and the
penalty for violation.
That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall
conform to the Engineering Division's Standard Plan No. 402
and shall be subject to the review and approval of the City
Traffic Engineer.
That the proposed parking structure design shall conform to
the Engineering Division's Standard Plan No. 402-B pertaining
to standard details for parking structures.
That a parking plan indicating compliance with City parking
design standards shall be submitted to and approved by the
City Traffic Engineer.
That prior to issuance of a building permit, appropriate park
and recreation in-lieu fees shall be paid to the City of
Anaheim in an amount as determined by the City Council.
That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department.
That all lockable pedestrian and vehicular access gates shall
be equipped with a "knox box" device, if required by and to
the satisfaction of the City Fire and/or Police Departments.
That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view and the
sound buffered from adjacent residential properties.
That prior to issuance of a building permit, evidence shall be
presented satisfactory to the Building Division that the
proposed project is in conformance with Council Policy Number
542 "Sound Attenuation in Residential Projects" and with Noise
Insulation Standards specified in the California
Administrative Code, Title 25.
-3-
Variance 3947
21.
22.
23.
24.
25.
26.
27.
That minimum fifteen (15) gallon trees planted on minimum ten
(10) foot centers, including appropriate irrigation
facilities, shall be installed and maintained along the north
property line.
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; provided, however,
that revised plans shall be submitted to and approved by the
Planning Commission prior to issuance of building permits
restricting the project to a maximum total of 18 bedrooms,
which could be developed as six 1-bedroom and six 2-bedroom
units, and further that prior to issuance of a building
permit, the developer shall record a covenant with the office
of the Orange County Recorder guaranteeing that the total
number of bedrooms shall be restricted to eighteen (18).
Prior to recordation, the covenant shall be submitted to the
City Attorney for review and approval as to format, and then a
copy of the recorded covenant shall be submitted to the Zoning
Division.
That curbs and gutters shall be repaired along Savanna Street
as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of the
City Engineer.
That ali plumbing or other similar pipes and fixtures located
on the exterior of the building shall be fully screened by
architectural devices and/or appropriate building materials;
and, further, that such information shall be specifically
shown on the plans submitted for building permits.
That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, S, 6, 7, 13, 14, 1S, 16,
20, 21, 22 and 24, 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.
That prior to final building and zoning
Nos. 3, 4, 8, 9, 10, 11, 14, 1S, 18, 19,
above-mentioned, shall be complied with.
inspections,
22 and 25,
Condition
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
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.
-4-
Variance 3947
BE I'r 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 25th day of July, 1989.
ATTEST:
JLW:kh
3232L
072689
-5-
Variance 5947
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. 89R-321 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of July, 1989, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-321 on the 31st day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 31st day of July, 1989.
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. 89R-321 duly passed and
adopted by the Anaheim City Council on July 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM