Loading...
1985-018RESOLUTION NO. 85R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3442. WHEREAS, after a request for variance by DONALD M. WILEY and ALEENE E. WILEY, owners, and JAMES MOHLER, 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. 3442 was granted covering the following described property: THE WEST 337.52 FEET OF THE SOUTH 134 FEET OF THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 permitting a 24-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTION 18.34.062.012 - Maximum structural height. 1-story permitted within 150 ft. of a single-family residential zoning; (2 stories proposed at 53 feet) (B) SECTION 18.34.063.011 - Minimum landscaped setback. (20 foot average, 15 foot minimum required from Western Avenue; 10 to 20 feet proposed) 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 Western 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 existing driveway on Western Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 5. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer 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. 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 gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public -2- distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 11. That a perpetual easement agreement for emergency access purposes across the property immediately north of subject property shall be submitted to the Planning Department and then be transmitted to the City Attorney's Office for review and approval. The approved agreement shall then be filed and recorded in the Office of the Orange County Recorder. Proof of said recordation shall then be furnished to the Planning Department. In lieu of said easement agreement, an on-site hammerhead driveway may be installed prior to final building and zoning inspections contingent upon review and approval of the City Fire Marshall. 12. That in the event an emergency access gate is provided, a "Knox Box" device shall be installed on said gate to the satisfaction of the City Chief of Police and the City Fire Chief. Said gate shall be utilized for emergency purposes only. 13. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 14. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 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". 16. That a 6-foot high masonry block wall shall be constructed and maintained along the northerly and southerly property lines. 17. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. -3- 18. That this Variance is granted subject to the completion of Reclassification No. 84-85, 13, now pending. 19. 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 3; provided, however, that the trash enclosure shall be relocated from the south property line to the north property line and shall be designed to be as unobtrusive as possible. The location and and screening of such trash enclosure shall be approved by the City Planning Department. 20. 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, 5, 11, 14, 15 and 18, 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. 21. That prior to final building and zoning inspections, Condition Nos. 4, 6, 7, 9, 10, 12, 13, 16, 17 and 19, 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 this 8th day of January, 1985. MAYOR OF THE CITY OF ANAHEIM ATTEST: ~~ CI CLERK OF THE CITY OF ANAHEIM 2280U 1/22/85 -4- 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. 85R-18 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ~"'*~+~ the 8th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-18 on the 8th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of January, 1985. ~C CITY CLERK OF THE CITY OF ANAHEI (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-18 duly passed and adopted by the Anaheim City Council on January 8, 1984. CITY CLERK "...',~