1985-149RESOLUTION NO- 85R-14g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3453
(REHEARING).
WHEREAS, after a request for variance by ARTHUR STAHOVICH
AND MARJORIE STAHOVICH, owners, 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. 3453
was granted covering the following described property:
LOT 23 OF TRACT NO. 743, BEING A SUBDIVISION OF A
PORTION OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN
(15), TOWNSHIP FOUR (4) SOUTH, RANGE ELEVEN (11) WEST,
S.B.B. & M., ORANGE COUNTY, CALIFORNIA, RECORDED IN BOOK
22, PAGE 10, OFFICIAL MAPS 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 did find that said variance should be granted and
adopted its Resolution No. 85R-91 granting Variance No. 3453,
subject to conditions; and
WHEREAS, thereafter, within the time prescribed by law,
the applicant requested, and was granted, a rehearing by the City
Council upon such request; and
WHEREAS, at the time and place fixed for said rehearing,
the City Council did hold and conduct such rehearing and did give
all persons interested therein an opportunity to be heard, and did
receive evidence and reports, and did consider the same; and
WHEREAS, upon such rehearing and further consideration,
the City Council does find and determine:
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
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 an 8-unit apartment complex on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.32.062.012
Maximum structural height.
(1-story within 150 ft. of
single-family residential
zoning permitted; 2 stories
proposed at 45 ft.)
That said variance be granted subject to the following conditions:
1. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
2. That all engineering requirements of the City of Anaheim
along Savanna Street, 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 building
permits, to guarantee the installation of the above-required
improvements prior to occupancy.
3. That street lighting facilities along Savanna 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.
4. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
5. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates
within a distance of forty (40) feet from said public street
right-of-way shall be subject to the review and approval of the
City Traffic Engineer.
6. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
-2-
7. 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.
8. That subject property shall be served by underground
utilities.
9. 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.
10. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer. This shall include
construction of a storm drain from the westerly terminus of
Savanna Street to the Flood Control Channel. 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 storm drain. Said security shall be posted with the City
prior to issuance of building permits to guarantee installation of
the storm drain prior to occupancy. A reimbursement agreement
shall be made available to the developer by the City if requested.
11. That a 6-foot high masonry block wall shall be
constructed and maintained along the northerly, easterly and
westerly property lines.
12. 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.
13. That this Variance is granted subject to the completion
of Reclassification No. 84-85-18, now pending.
14. Tht subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2.
15. That the owner(s) of subject property shall pay to the
City of Anaheim, a fee for tree planting purposes along Savanna
Street in an amount as determined by City Council.
16. That prior to issuance of a building permit, the property
owner(s) shall pay the City of Anaheim for the re-stripping of
Knott Street to establish a left-turn lane in said street in
accordance with the requirements of the City Traffic Engineer.
17. 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, 9, 10, 12, 13 and 15,
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.
-3-
18. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 6, 8, 11 and 14, 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 express 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 16th day of April, 1985.
I~` !
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_/
CITY CLERK. OF THE CITY OF ANAHEIM
JLW : f m
3623M
051785
-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-149 was introduced and adopted at a regular ~
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of April, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-149 on the 16th day of April, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of April, 1985.
CIT C OF E CITY F 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-149 duly passed and
adopted by the Anaheim City Council on April 16, 1985.
CITY CLERK