87-413 RESOLUTION NO. 87R-413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3694.
WHEREAS, after a request for variance by PHILIP F.
PORRETTA AND EMILY PORRETTA, 700 S. Magnolia Avenue, Anaheim, CA
92804, owners, and DWYER BEESLEY, 485 E. 17th Street, Costa Mesa,
Ca 92627, agent, on certain real property situated in the City
of Anaheim, County of Orange, State of California, 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. 3694 was granted covering the following described
property:
PARCEL 1:
THE SOUTH 75 FEET OF THE NORTH 6.00 ACRES OF THE WEST
HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7,
ET SEQ., MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 2:
THE NORTH 10 FEET OF THAT PORTION OF THE WEST
ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST
ONE-FOURTH OF THE SOUTHWEST ONE-FOURTH OF SECTION 18,
TOWNSHIP FOUR SOUTH, RANGE TEN WEST, S.B.B. [ M.
LYING SOUTH OF THE NORTH 6 ACRES OF SAID PORTION OF
SAID SECTION EIGHTEEN, THE NORTH LINE OF SAID 10 FEET
BEING THE SOUTH LINE OF SAID 6 ACRES; 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 to construct a 3-story, 16-unit apartment
building on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTIONS 18.34.062.011
18.34.062.012
AND 18.34.062.013
Maximum building height
(1-story within a 150-foot setback
to single-family residential
zoning and 2 stories over-all
permitted; 3 stories at 9 to
lO0-foot setbacks proposed)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
87-88-11, now pending.
2. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Magnolia Avenue
in an amount as determined by the City Council.
3. 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.
4. 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.
5. That prior to issuance of a building permit, the
appropriate fees due for primary, secondary and fire protection
shall be paid to the Water Utility Division by the owner/developer
in accordance with Rules 15A and 20 of the Water Utility Rates,
Rules and Regulations.
6. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in the
adjacent public street(s). 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.
7. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
8. That subject property shall be served by underground
utilities.
9. 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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10. That fire sprinklers shall be installed as required by
the City Fire Marshall.
11. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
12. 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.
13. That prior to issuance of a building permit, the
applicant shall present evidence 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.
14. 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.
15. 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, 2, 3, 4, 5 and 13,
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.
16. That prior to final building and zoning inspections,
Condition Nos. 7, 8, 10, 11, 12 and 14, 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 ali 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 13th day
of October 1987.
MAYOR OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
BG/jb
2075L
110287 -4-
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-413 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of October, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-413 on the 13th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this i3th day of October, 1987.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, L~ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-413 duly passed and
adopted by the Anaheim City Council on October 13, 1987.
CITY CLERK-O~F THE CITY OF ANAHEIM