1985-030RESOLUTION NO. 85R-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3419.
WHEREAS, after a request for variance by VERNON W.
EDMONDS, owner, and HUGO A. VASQUEZ, 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. 3419 was granted, in part, covering the following
described property:
THE NORTHERLY 150 FEET OF THE WESTERLY 170 FEET OF THE
WEST 2 1/2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, S. B. B. & M.; 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
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
zoning classification in the vicinity.
to the
identical
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 15-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 hei ht.
1 story permitted within
150 feet of single-family
residential zoning; 2
stories proposed at 9 and
75 feet)
(b) SECTION 18.34.062.020 -
Maximum site coverage.
55$ permitted; 56~
proposed)
(c) Section 18.04.043.102 - Maximum fence hei ht.
AND 1 .34.068. 21 6 feet permitted; 1 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 all engineering requirements of the City of Anaheim
along Western Avenue, including preparation of
improvement plans and installation of all improvements
such as curbs and gutters, sidewalks, street grading and
pavement, sewer and drainage facilities, or other
appurtenant work 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 a building permit, to guarantee the
installation of the above-required improvements prior to
occupancy.
5. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to
standard details for parking structures and ramp
requirements.
6. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City
Traffic Engineer.
7. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
8. That street lighting facilities along Western 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 the
City of Anaheim prior to issuance of a
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building permit. The above-required improvements shall
be installed prior to occupancy.
9. That trash storage areas shall be provided 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 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.
11. That the basement level containing the covered parking
structure shall be located more than 50~ below natural
grade level as measured from the exterior walls of said
parking structure.
12. That subject property shall be served by underground
utilities.
13. 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.
14. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the
satisfaction of the City Fire Marshall and the City
Police Chief.
15. That fire sprinklers shall be installed as required by
the City Fire Marshall.
16. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
properties.
17. 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.
18. 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".
19. That a 6-foot high masonry block wall shall be
constructed and maintained along the east and south
property lines, and a 10-foot high masonry block wall
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shall be constructed and maintained along the north
property line.
20. That 15-gallon trees planted on 20-foot centers, with
appropriate irrigation facilities, shall be installed and
,,~,,, maintained along the north, west and east property lines;
and that Italian Cypress trees shall be planted on two
(2)-foot centers along the driveway to screen subject
project from adjacent residential property.
21. That this Variance is granted subject to the completion
of Reclassification No. 77-78-16, now pending.
22. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 2.of Exhibit Nos. 1
through 5.
23. That a covenant shall be recorded on the property, as
approved by the City Attorney's Office, prohibiting the
conversion of any recreation room to living space.
24. 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, 8, 17,
18, 21 and 23, 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.
25. That prior to final building and zcning inspections,
Condition Nos. 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 19, 20
and 22, 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 15th day of January, 1985.
I~~~
MAYOR OF THE CITY O ANAHEIM
ATTEST:
~~ ~~~
CITY CLERK OF THE CITY OF ANAHEIM
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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-30 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th 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-30 on the 15th day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of January, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LHONORA N. SOHL,-.City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-30 duly passed and adopted
by the Anaheim City Council on January 15, 1985.
CITY CLE
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