1985-050RESOLUTION NO. 85R-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3441.
WHEREAS, after a request for variance by CHARLES F.
MASS and VIVIAN ELEENE MASS, owners, and CENTURY CAPITAL
DEVELOPMENT CORPORATION, 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. 3441
was granted, in part, covering the following described property:
THAT PORTION OF "DREYFUL AND OTHERS" LAND IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP OF "ANAHEIM
EXTENSION" AS SURVEYED BY WILLIAM HAMEL, DECEMBER
11, 1868 AND FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, A COPY THEREOF BEING RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, IN BOOK 3, PAGES 163 AND 164 OF "LOS
ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 19
OF TRACT NO. 1681, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 125, PAGES 28 AND 29 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND
RUNNING THENCE SOUTH 15° 24' 03" EAST, ALONG THE
SOUTHWESTERLY BOUNDARY OF SAID TRACT NO. 1681,
106.12 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF
85 FEET; THENCE SOUTHERLY ALONG SAID CURVE,
THROUGH AN ANGLE OF 21° 02' 22" AN ARC DISTANCE
OF 31.21 FEET TO THE BEGINNING OF A REVERSE
CURVE, HAVING A RADIUS OF 65 FEET; THENCE
SOUTHERLY, ALONG SAID CURVE, THROUGH AN ANGLE OF
21° 02' 22" A DISTANCE OF 23.87 FEET, TO A LINE
TANGENT; THENCE SOUTH 15° 24' 03" EAST, 50 FEET
TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF
LOT 17 OF SAID TRACT NO. 1681; THENCE SOUTH 74°
27' 57" WEST, ALONG THE WESTERLY EXTENSION
THEREOF, AND ALONG THE NORTHWESTERLY LINE OF LOT
16 OF SAID TRACT NO. 1681, 127.91 FEET TO THE
EASTERLY LINE OF LOT 5 OF THE WEIGHT FREEMAN AND
MC CLOUGHAN SUBDIVISION, AS SHOWN ON A MAP FILED
IN BOOK 1, PAGE 2 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 15° 55' 00" WEST, ALONG
SAID EASTERLY LINE, 210 FEET TO THE SOUTHERLY
LINE OF SOUTH STREET, AS SAID STREET IS SHOWN ON
THE MAP OF SAID TRACT NO. 1681; THENCE NORTH 74°
27' 57" EAST, ALONG SAID SOUTHERLY LINE, 120.07
FEET TO THE POINT OF BEGINNING.; 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 21-unit apartment complex on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
(A) SECTION 18.04.043.050 - Permitted
AND 18.34.064.020 encroachment into
side yards. none
permitted; 10 to 14
feet deep balconies
and exterior
stairways proposed)
(B) SECTION 18.34.062.020 - Maximum site
coverage.
(55$ permitted;
68~ proposed)
(C) SECTION 18.34.062.032 - Maximum number of
bachelor units.
(5 permitted;
6 proposed)
(D) SECTION 18.34.063.012 - Minimum front
landscaped setback.
15 feet required;
parking spaces at
0 to 15 feet
proposed)
(E) SECTION 18.34.063.021 - Minimum structural
setback. (19 feet
req euireuir d from east
property line; 3 to
19_ feet proposedT-
That said variance be granted subject to the following conditions:
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1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
32 feet in width from the centerline of the street along
South Street for street widening purposes.
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 proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to
standard details for parking structures.
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 street lighting facilities along South Street
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
building permits. The above-required improvements shall
be installed prior to occupancy.
11. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along South
Street and Dakota Street in an amount as determined by
the City Council.
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12. That a perpetual easement agreement with the owner of
the property to the east, providing for circulation of
trash trucks from one parcel to the other and providing
for vehicular access over said 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.
13. 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.
14. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the
satisfaction of the City Chief of Police and City Fire
Chief.
15. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
properties.
16. 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.
17. 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".
18. That a 6-foot high masonry block wall shall be
constructed and maintained along the west property lines
19. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1948-24 to the
Planning Department.
20. 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.
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21. 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, 10,
11, 12, 16, 17 and 19, 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.
22. That prior to final building and zoning inspections,
Condition Nos. 5, 6, 7, 9, 13, 14, 15, 18 and 20,
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 29th day of January, 1985.
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MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
2447U
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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-50 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on .~,~,
the 29th 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-50 on the 29th day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of January, 1985.
CIT CLERK OF THE CITY OF ANAHEIM
lS~)
I, LEONORA N. SOHI:, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-50 duly passed and adopted
b,~ the Anaheim City Council on January 29, 1985.
CITY CLERK
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