87-164 RESOLUTION NO. 87R-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3634.
WHEREAS, after a request for variance by JOSEPH CLARK
AND LOIS CLARK, 1234 Dale Street, Anaheim, California 92804,
owners, and MAGDY HANNA, 4000 MacArthur Boulevard, #680, Newport
Beach, California 92660, 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. 3634
was denied covering the following described property:
PARCEL 1:
THAT PORTION OF THE WEST 5.13 ACRES OF THE NORTH HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QBARTER OF
SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B.
M. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24, BEING 494.31 FEET SOUTH OF
THE NORTHWEST CORNER THEREOF; THENCE CONTINUING SOUTH
ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 165.41
FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO
EMMER L. BEESON AND WIFE BY DEED RECORDED IN BOOK 1638
PAGE 150 OF OFFICIAL RECORDS; THENCE SOUTH 89° 58' 41"
EAST ALONG THE SOUTH LINE OF SAID LAND CONVEYED TO
EMMER L. BEESON AND WIFE 338.71 FEET TO THE SOUTHEAST
CORNER THEREOF; THENCE NORTH 0° 12' 35" EAST ALONG THE
EAST LINE THEREOF 165.46 FEET; THENCE NORTH 89° 59'
11" WEST 338.71 FEET TO THE POINT OF BEGINNING; 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 the action of the City Planning Commission
denying said variance be, and the same is hereby, reversed and that
Variance No. 3634 be, and the same is hereby, granted permitting
construction of a three-story, 40-unit apartment complex on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTION 18.04.043.101
Maximum wall height.
(6 feet permitted; 10 feet
proposed)
SECTION 18.34.061.010
Minimum site area per
dwelling unit.
SECTION 18.34.062.012
Maximum structural height.
(1 story permitted within
150 ft. of single-family
residential; 3 stories pro-
posed at 100 Et. and 2
stories proposed at 17 ft.)
SECTION 18.34.062.020 -
Maximum site coverage.
(55% permitted; 60% proposed)
SECTIONS 18.34.063.011 -
AND 18.34.063.022
Minimum structural setback.
That said variance be granted subject to the following conditions:
1. 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.
2. 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 the City Council.
3. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall conform to
Engineering Standard Plan No. 402 and shall be subject to the
review and approval of the City Traffic Engineer.
4. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-A pertaining to standard
details for parking structure requirements and ramp requirements.
5. That all driveways
to accommodate ten (10) foot
City Traffic Engineer.
shall be constructed or reconstructed
radius curb returns as required by the
6. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
7. That subject property shall be served by underground
utilities.
8. 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.
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9. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
10. That street lighting facilities along Dale Avenue shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager, and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount and
form satisfactory to the City of Anaheim, shall be posted with the
City to guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to issuance of building permits. The
above-required improvements shall be installed prior to occupancy.
11. That fire sprinklers shall be installed as required by
the City Fire Marshal.
12. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Dale Avenue in an
amount as determined by the City Council.
13. That the curbing adjacent to subject property shall be
painted red to facilitate on-street trash pick-up.
14. 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.
15. That prior to issuance of building permits, the applicant
shall present evidence satisfactory to the Chief Building Inspector
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.
16. That a ten (10) foot high masonry block wall shall be
constructed and maintained along the south property line.
17. That this Variance is granted subject to the adoption
the Zoning Ordinance in connection with Reclassification No.
86-87-21, now pending.
of
18. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 3 of Exhibit No. 1 and Revision No. 2
of Exhibit No. 2; provided, however, that except for the three
granted waivers, this project shall comply with all applicable
RM-1200 zone development standards, and that the "pool" or other
recreational facilities shall not be located in any setback area
adjacent to the south property line.
19. That, as stipulated to by the petitioner, prior to
issuance of a building permit, the property owner shall prepare and
record an unsubordinated covenant limiting the occupancy of each
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apartment unit to no more than four (4) persons (other than
children under the age of two [2] years). Said limitation shall be
included in each lease/rental agreement. A copy of the covenant
shall be submitted to and approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be furnished to
the Planning Department.
20. 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, 10, 12, 15 and 17, and 19,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.05.090 of the Anaheim Municipal Code.
21. That prior to final building and zoning inspections,
Condition Nos. 5, 4, 5, 6, 7, 9, 10, 11, 15, 14, 16 and 18,
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim t~is 28th. day of April, 1987.
MAYOR~~OF TH~ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
BG:fm
1820L
052187
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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. 87R-164 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of April, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Pickler, Hunter, Bay
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-164 on the 28th day of April, 1987.
iN wITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of April, 1987.
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. 87R-164 duly passed and
adopted by the Anaheim City Council on April 28, 1987.
CITY CLERK OF THE CITY OF ANAHEIM