1985-020RESOLUTION NO. 85R-20
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO. 3443.
WHEREAS, after a request for variance by ELMER
WEBBER and VIVIAN WEBBER, owners, and GEORGE H. PABST, 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. 3443 was granted covering the
following described property:
THE EASTERLY 65 FEET OF THE WESTERLY 125 FEET OF LOT
5, WEIGHT, FREEMAN & MC CLOUGHAN SUBDIVISION, AS PER
MAP RECORDED IN BOOK 1, PAGE 2 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY.
EXCEPT THEREFROM THE SOUTHERNLY 506 FEET. ALSO
EXCEPT THE NORTH 5.25 FEET AS CONVEYED TO THE CITY OF
ANAHEIM FOR ROAD PURPOSES BY DEED RECORDED MARCH 4,
1912 IN BOOK 210, PAGE 6 OF DEEDS; 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; 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 is hereby, granted permitting a
7-unit apartment complex described with waivers of the
following sections of the Anaheim Municipal Code:
(A) SECTION 18.34.062.012 -
(B) SECTION 18.06.050.0123 -
AND 18.34.066.010
Maximum structural
height. (1-story
permitted within 150
ft. of a single-family
residential zone; 3
stories proposed)
Permitted type of tenant
parking spaces.
(covered spaces
required; open spaces
proposed)
That said variance be granted subject to the following
conditions:
1. That gates shall not be installed across any
driveway in a manner which may adversely affect
vehicular traffic in the adjacent public
streets. Installation of any gates within a
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
2. That the owner of subject property shall pay to
the City of Anaheim a fee for tree planting
purposes along South Street 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 for each new
dwelling unit.
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.
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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 all air conditioning facilities shall be
properly shielded from view, and the sound
buffered from adjacent properties.
11. 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.
12. That a 6-foot high masonry block wall shall be
constructed and maintained along the east, south
and west property lines.
13. That this Variance is granted subject to the
completion of Reclassification No. 84-85, 14,
now pending.
14. That prior to issuance of a building permit,
corner cut-off requirements for the covered
parking area shall be shown on plans approved by
the City Traffic Engineer.
15. That subject property shall be developed
substantially in accordance with plans and
specifications on file with the City of Anaheim
marked Exhibit Nos. 2 through 3.
16. 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. 2, 3, 4, 11, 13 and 14,
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.
17. That prior to final building and zoning
inspections, Condition Nos. 1, 5, 6, 7, 9, 10,
12 and 15, above-mentioned, shall be complied
with.
18. That each new tenant shall be notified of the
nearby railroad tracks in Olive Street and the
associated train noise and vibration.
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
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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.
OR OF THE CITY OF AN EIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
2278U
1/22/85
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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-20 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: Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood and Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-20 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.
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. 85R-20 duly passed and adopted
by the Anaheim City Council on January 8, 1984.
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C T CLERK
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