86R-065
RESOLUTION NO. 86R-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3523
WHEREAS, after a request for variance by ORVILLE B.
WOODS, et a1., 621 North Pine Way, Anaheim, California 92805,
owner, and RONALD J. CROWLEY, 1700 Raintree Road, Fullerton,
California 92635, 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. 3523 was
granted covering the following described property:
ALL THAT PORTION OF LOT 1, ANAHEIM EXTENSION, IN THE
CITY AS SHOWN ON A MAP THEREOF MADE BY WILLIAM HAMEL
AND ON FILE IN THE OFFICE OF THE RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 1, ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF MADE BY
WILLIAM HAMEL AND ON FILE IN THE OFFICE OF THE
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT
1, SAID POINT BEING ON THE SOUTHERLY LINE OF EAST LA
PALMA AVENUE (SOMETIMES CALLED EAST NORTH STREET) 60
FEET IN WIDTH, AND SAID POINT BEING DISTANT WESTERLY
ALONG SAID SOUTHERLY LINE 741.59 FEET FROM THE
NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT ALSO
BEING THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO
JOHN AND LORENE YODERS BY DEED RECORDED IN BOOK 1782,
PAGE 33, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID
LAND OF YODERS 188.10 FEET, MORE OR LESS, TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LAND
CONVEYED TO J. E. WALTER, ET AL, BY DEED RECORDED IN
BOOK 1514, PAGE 377, OFFICIAL RECORDS OF ORANGE
COUNTY, 71.80 FEET; THENCE NORTHWESTERLY PARALLEL WITH
SAID NORTHEASTERLY BOUNDARY OF YODERS, A DISTANCE OF
167.10 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF
SAID LA PALMA AVENUE; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE 74.51 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:
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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; and
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
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
js hereby, granted permitting a 20-unit apartment complex on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.0121
18.06.080
AND 18.34.066.010
Required type of parking
spaces. (SO spaces
required with minimum 40
covered; SO spaces pro-
posed with 33 covered)
SECTION 18.34.062.012
Maximum structural height.
(1 story within 150 feet
of single-family resi-
dential zoning permitted;
2 stories within 48, 51
and 101 feet of single-
family residential zoning
to the west, south and
north proposed)
SECTION 18.34.063.011
Minimum structural setback.
(20 feet adjacent to La
Palma Avenue required; 8 to
44 feet proposed)
Maximum wall height. (6
foot high maximum permit-
ted; 7 foot high adjacent
to southerly property line
proposed)
SECTION 18.34.068
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That said variance be granted subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along La Palma Avenue
in an amount as determined by the City Council.
2. 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.
3. 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 for each
new dwelling unit.
4. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 53 feet in
width from the centerline of the street along La Palma Avenue for
street widening purposes.
5. That the vehicular access rights to La Palma Avenue
except at approved access points, shall be dedicated to the City of
ftnaheim.
6. That all engineering requirements of the City of Anaheim
along La Palma Avenue, including preparation of improvement plans
and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work required to remove
existing improvements and construct full street improvements at
their ultimate location shall be complied with as required by the
City Engineer and in accordance with specifications on file in the
Office of the City Engineer; 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
said improvements. Said security shall be posted with the City
prior to issuance of building permits, to guarantee the
installation of the above-required improvements prior to occupancy.
7. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
8. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
9. That street lighting facilities along La Palma 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
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the City of Anaheim prior to issuance of building permits. The
above-required improvements shall be installed prior to occupancy.
10. 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.
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 prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
13. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
67-68-68, now pending.
14. That a 6-foot high block wall along the westerly property
line (excepting the required front setback area), and a 7-foot high
block wall along the southerly property line shall be constructed
and permanently maintained.
IS. 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.
16. 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.
17. That the owner of subject property shall submit a letter
requesting termination of Variance No. 3482 to the Planning
Department.
18. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No.1 of Exhibit Nos. 1 and 2.
19. 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, 6, 9, 12, 13, 16 and
17, 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.
20. That prior to final building and zoning inspections,
Condition Nos. 6, 7, 8, 9, 10, 11, 14, IS and 18, above-mentioned,
shall be complied with.
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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.
M
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
JWF:fm
4886M
031086
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CLERK
STATE OF CALIFORNIA )
COUN1Y OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-65 was introduced and adopted at a special
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of February, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: Kaywood
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-65 on the 18th day of February, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of February, 1986.
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CITY CLERK OF THIr 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. 86R-65 duly passed and adopted
by the Anaheim City Council on February 18, 1986.
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CITY CLERK