92-038 RESOLUTION NO. 92R-38
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4166.
WHEREAS, after a request for variance was received, a
public hearing before the Zoning Administrator of the City of
Anaheim was held upon due and proper notice, a result of which
Variance No. 4166 was approved covering the following described
property:
LOTS 1 AND 2 OF GADE SUBDIVISION, EXCEPT THE
SOUTH 35 FEET OF LOT 2, IN THE CITY OF ANAHEIM,
AS PER MAP RECORDED IN BOOK 8, PAGE 23, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; 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 Zoning Administrator 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, 10-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:
1. That street lighting facilities along Helena Street shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the office of the
Utilities General Manager; or 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
VAR #4166
posted with the City to guarantee the satisfactory completion
of the above-mentioned improvements. The above-required
improvements shall be installed prior to occupancy.
2. That subject proposal authorized by this decision shall be
served by underground utilities.
3. That prior to issuance of a building permit, the petitioner
shall either:
(a) Submit a Lot Line Adjustment Plat to the Subdivision
Section to combine the two (2) existing lots. Said plat
shall be approved by the City Engineer and then recorded
in the Office of the Orange County Recorder; or
(b) Submit satisfactory evidence to the Subdivision Section
showing that the property is one (1) legal parcel. A
certificate of compliance shall then be obtained.
~ 4. That a Plan Sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
5. 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 established by City Council
Resolution.
6. That roll-up garage doors shall be shown on plans submitted
for building permits. Said doors shall be installed on all
garages and maintained as shown on submitted plans.
7. That prior to issuance of a building permit, the legal
property owner shall prepare and record an unsubordinated
covenant limiting occupancy of each apartment unit to no more
than two (2) persons (other than children under the age of two
~, [2] years) per bedroom. 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 with the Office of the Orange County Recorder. A
copy of the recorded covenant shall be furnished to the Zoning
Division.
8. That an unsubordinated covenant shall be recorded with the
office of the Orange County Recorder agreeing to provide the
renter with written information obtained from the school
district(s) pertaining to possible overcrowded conditions and
busing status of the school(s) serving the dwelling unit. 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 submitted to the Zoning Division.
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VAR #4166
9. That prior to issuance of a building permit for construction
of the new apartment building, a six (6) foot high masonry
block wall shall be constructed and maintained along the
north, south and east property lines excepting the front
setback where the wall height shall not exceed three (3) feet;
provided, however, that the City Traffic and Transportation
Manager shall have the authority to reduce the height of the
wall to protect visual lines-of-sight where pedestrian and/or
vehicular circulation intersect. Said block wall shall be
planted and maintained with clinging vines to eliminate
graffiti opportunities. The 6-foot height of said block wall
shall be measured from the highest adjacent finished grade
level.
10. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Revision No 1. of Exhibit No. 1
and Exhibit No. 2; provided, however, that:
(a) The city Traffic and Transportation Manager shall have
the authority to approve the specific design of the
driveway on Helena Street which will be aligned for the
purpose of retaining the existing mature pine tree. In
the event said driveway cannot be designed in a manner
satisfactory to the City Traffic and Transportation
Manager, the pine tree may be removed; and
(b) The on-site parking spaces shall be designed in a manner
acceptable to the city Traffic and Transportation
Manager.
11. That the developer of the proposed apartment building shall
inform the adjacent church officials/employees who operate the
church's child day care facility of the construction schedule:
estimated dates of commencing and completing (a) demolition of
the existing buildings, (b) any grading operations, (c)
construction of the block wall along the property lines and
(d) construction of the apartment building; the daily work
hours; and any changes to the schedule or work hours.
12. That prior to issuance of a building permit or within a period
of one (1) year from the date of this decision, whichever
occurs first, Condition Nos. it 3, 4, 5, 6t 7t 8~ 9, 10.a and
10.b, 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.
13. That prior to final building and zoning inspections, Condition
Nos. 1, 2, 9 and 10, above-mentioned, shall be complied with.
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VAR #4166
14. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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 this 25th day of February, 1992.
OF THE CITY OF
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34V4166.12
030692
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VAR #4166
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 92R-38 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 25th day of
February, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 92R-38 on the 26th day of February, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of February, 1992.
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. 92R-38 duly passed and adopted
by the City Council of the City of Anaheim on February 25, 1992.
CITY CL~K~OOF THE C EIM