1976-389RESOLUTION NO. 76R-339
A RESOLUTION OF THE CITY COUNCIL OF THE: CITY
OF ANAHEIM GRAS TINGj- IN PART, VARIANCE NO.
2758.
WHEREAS, after a request for variance by Raymond Spehar,
owner, was received, a public hearing before the Planning Cormis-
sion of the City of Anaheim was held upon due and proper notice, a
result of which Variance No. 2758 was granted, in part, covering
the following described property:
That portion of Allotments in Decree of Partition of
the Rancho Canon de Santa Ana, in the City of Anaheim,
recorded in Case No. 1978, of the 17th Judicial Dis-
trict Court of California, a certified copy of which
was recorded February 8, 1874 in book 28, page 158 of
Deeds, in the office of the County Recorder of Los
Angeles County, California, described as follows:
PARCEL 1:
Beginning at the Northeast corner of the land described
in the deed to the State of California recorded October
30, 1956, in book 3693, page 378 official Records, in
the Office of the County Recorder of said Orange County,
said point being on the Southerly line of the 100.00
foot strip of land as conveyed to the Riverside, Santa
Ana and Los Angeles Railway Co. by deed recorded July 7,
1886, in book 164, page 508 of Deeds, in the Office of
the County Recorder of Los Angeles County; thence North
880 321 0011 East 787.18 feet along said Southerly line
to the beginning of a tangent curve concave Northerly
and having a radius of 5129.65 feet; thence Easterly
along said Southerly line along said curve through a
central angle of 00 191 0211 a distance of 32.00 feet;
thence South 10 231 00" West 412.10 feet; thence South
880 371 00" West 857.16 feet to a point on the Easterly
line of the land described in the deed to the State of
California recorded October 14, 1952, in book 2395, page
522, official Records, in the Office of the said County
Recorder of Orange County; thence North 10 231 0011 East
47.64 feet to a point on the Southerly line of the land
described in the said deed to the State of California
recorded in book 3693, page 378, official Records;
thence South 880 361 110 East 14.92 feet to the South-
east corner thereof; thence North 5* 381 1811 East 324.54
feet along the Easterly line of last mentioned deed to
the point of beginning.
Being a portion of Parcel 1 as shown on a parcel map
filed in book 30, page 48, in the office of the said
County Recorder of said Orange County.
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own notion, caused
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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 surround-
ings, 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 privi-
leges 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 said conditional zoning variance be, and the
same is hereby, granted permitting the establishment of a 198 unit
apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Iviunicipal Code:
SECTION 18.34.062.032 - Minimum floor area. (700
square feet required; 484 and
504 square feet proposed)
SECTION 18.34.065.011 - Minimumsdistance between
buildings. (21 feet required;
17 feet proposed)
SECTION 18.34.066.030 - Required enclosure of carports.
(Open carports proposed)
SECTION 18.84.052.031 - Maximum fence height. (42 inches
permitted; 10 feet proposed)
That said Variance be granted subject to the following conditions:
1. That all engineering requirements of the City of Anaheim
along Imperial Highway including preparation of improvement plans
and installation of all improvements such as curbs and gutters,
sidewalks, street grading and paving, drainage facilities or other
appurtenant work, shall be complied with as required by the City
Engineer and in accordance with standard plans and specifications
on file in the office of the City Engineer; that street lighting
facilities along Imperial Highway shall be installed as required
by the Director of Public Utilities, and in accordance with stand-
ard plans and specifications on file in the office of the Director
of Public Utilities; or that a bondf 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 installa-
tion of the above-mentioned requirements.
2. That trash storage areas shall be provided in accordance
with approved plans on file with the office of the Director of
Public Works.
3. That fire hydrants shall be installed and charged as
required and determined to be necessary by the Chief of the Fire
Department Prior to.commencement of structural framing.
4. That subject property shall be served by underground
utilities.
5. That drainage of subject property shall b6 disposed of
in a manner satisfactory to the City Engineer.
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6. That the owner of subject property shall pay to the City
of Anaheim the appropriate park and recreation in -lieu fees as de-
termined to be appropriate by the City Council, said fees to be
paid at the time the building permit is issued.
7. In the event that subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map, to record
the approved division of subject property shall be submitted to
and approved by the City of Anaheim and then be recorded in the
office of the Orange County Recorder.
8. That all structures constructed on subject property
shall be in accordance with the requirements of Fire Zone 4 as
determined by the Anaheim City Fire Department.
9. That the internal fire access shall be as approved by
the Anaheim City Fire Department.
10. That construction of the public street providing access
to La Palma Avenue shall be completed prior to release of utilities
to subject property.
11. That appropriate water assessment fees as determined by
the Director of Public Utilities shall be paid to the City of
Anaheim prior to the issuance of a building permit.
12. That subject property shall be developed in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 6; provided, howeverr, that revised
plans shall be submitted to the Planning Commission for review
and approval,.prior to City Council review of the proposal, said
plans to show a ten -foot (101) wide landscaped buffer strip adja-
cent to the east property line abutting the mobilehome park, as
stipulated to by the petitioner; and also showing the specified
changes to the initially proposed plans, as stipulated to by the
petitioner; and as follows: that there shall be a reduction in
the total number of dwelling units from 204 to 198, that the num-
ber of efficiency -type units shall be reduced from thirty-two (32)
to twenty-four (24), that the parking spaces shall be provided in
accordance with Code standards, and that adequate storage areas
shall be provided, as stipulated to by the petitioner and to be
shown on the revised plans.
13. Prior to the introduction of an ordinance rezoning sub-
ject property, Condition Nos. 1 and 7, above-mentioned, shall be
completed. The provisions or rights granted by this resolution
shall become null and void by action of the City Council unless
said conditions are complied with within one year from the date
hereof, or such further time as the City Council may grant.
14. That Condition Nos. 21 4, 5, 8, 9 and 12, above-
mentioned, shall be complied with prior to final building and
zoning inspections.
15. That the removal of any specimen trees shall be submitted
for review by the Planning Department and subject to the regula-
tions pertaining to Tree Preservation in the Scenic Corridor over-
lay Zone.
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BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such variance permit for,. good cause or
failure of said owner, his heirs, successors or assgns to comply
with the Anaheim 14unicipal Code and regulations and the conditions
herein. Said variance is granted for the tern prescribed by the
Anaheim Municipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 6th day of July, 1976.
MAYOR OF, THE eITY O AF. AHEIM
ATTEST:
CITY CLERK OF THE PITY OF 1-NAI-IE114
FAL, JR: fm
fir,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 76R-389 was introduced
and adopted at a regular meeting provided by=law, of the City Council
of the City of Anaheim held on the 6th day of July, 1976,, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth
NOES: COUNCIL MEMBERS: Thom
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved
and signed said Resolution No. 76R-389 on the 6th day of July, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 6th day of July, 1976.
CITY CLERK OF THE CITYOF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 76R-389
duly passed and adopted by the Anaheim City Council on July 6, 1976.
CITY CLERK