88-403 RESOLUTION NO. 88R-403
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3834.
WHEREAS, after a request for variance by NEWPORT
PACIFIC REALTY AND INVESTMENT, 4000 MacArthur Blvd., #680,
Newport Beach, CA 92660, owner, 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. 3834
was granted covering the following described property:
PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 17; THENCE WESTERLY ALONG THE SOUTHERLY LINE
OF SAID SECTION 17, A DISTANCE OF 105.00 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO MARY
CLARK, RECORDED AUGUST 4, 1955, IN BOOK 3161, PAGE 522
OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF
THE LAND DESCRIBED IN SAID DEED, NORTH 0 DEGREES 25'
14" EAST 210.00 FEET TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 89 DEGREES 57' 09" EAST 105.00 FEET TO
THE EASTERLY LINE OF SAID WEST HALF; THENCE SOUTHERLY
ALONG SAID EASTERLY LINE 210.00 FEET TO THE POINT OF
THE BEGINNING.
PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 17, SAID POINT
BEING 100 FEET WEST OF THE SOUTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER 117 FEET; THENCE NORTH 0 DEGREES 25' 14" EAST
210 FEET; THENCE SOUTH 89 DEGREES 57' 09" EAST 117
FEET; THENCE SOUTH 0 DEGREES 25' 14" WEST 210 FEET TO
THE POINT OF THE BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITH PARCEL
1.; 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 three-story, 22-unit, apartment
complex on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.34.062.011
Maximum structural height.
(2 stories permitted, 3-stories
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 determined by City Council resolution.
2. That subject property shall be served by underground utilities.
o
That sidewalks shall be installed along Ball Road as required
by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
That the existing driveways on Ball Road shall be removed and
replaced with standard curb and gutter and sidewalk.
That the driveway shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
Existing broken or cracked driveways shall be removed and
replaced as required by the City Engineer.
That a parking plan indicating compliance with City parking
design standards and eliminating two tandem parking spaces
shall be submitted to and approved by the City Traffic
Engineer.
That in the event a parcel map is not recorded combining the
two (2) existing lots, the legal property owner shall furnish
the Zoning Division with a copy of a recorded covenant and
agreement in a form approved by the City Attorney agreeing to
hold subject property as one parcel.
That gates shall not be installed across driveway in a manner
which may adversely affect vehicular traffic in the adjacent
public streets. 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.
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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.
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 drainage o£ subject property shall be disposed of in a
manner satisfactory to the City Engineer.
That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department.
That if required by the Fire and/or Police Department, all
lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of the
City Fire Department, and the City Police Department.
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.
That a six (6)-foot high masonry block wall shall be
constructed and maintained along the east property line.
That the on-site landscaping shall be maintained in compliance
with City standards.
That this Variance is granted subject to the adoption of
Zoning Ordinance in connection with Reclassification No.
88-89-09, now pending.
the
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2; provided, however,
that revised plans shall be submitted to and approved by
Planning Department staff and City Traffic Engineer
eliminating two tandem parking spaces, and eliminating the
bathroom doorway opening into the kitchen.
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, 6, 7, 8, 10, 15, 16 and 18,
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.
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21.
That prior to final building and zoning inspections, Condition
Nos. 2, 3, 4, 5, 9, 11, 13, 14 and 19, 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.
City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 8th day of November, 1988..
MAYOR OF THE CITY OF A~NAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dm
2814
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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. 88R-403 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of November, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-403 on the 15th day of November, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of November, 1988.
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. 88R-403 duly passed and
adopted by the Anaheim City Council on November 8, 1988.
CITY CLERK OF THE CITY OF ANAHEIM