1985-194RESOLUTION NO. 85R-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3470.
WHEREAS, after a request for variance by BERNARD J.
STAHL and BILL J. NICKEL, owners, and STEVE SPECK, 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. 3470 was granted covering the following
described property:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 37, PAGE 15
OF PARCEL MAPS IN THE OFFICE OF THE ORANGE COUNTY
RECORDER; 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 28-unit apartment complex on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTIONS 18.34.062.011
AND 18.34.062.012
- Maximum structural height.
(1 story within 150 feet
of single-family residen-
tial zoning, and 2 stories
otherwise permitted; 2
stories at 106 feet from
single-family residential
zoning to the west, and 3
stories proposed)
That said variance be granted subject to the following conditions:
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1. That gates shall not be installed across the driveway 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.
2. That the driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
3. That the basement level containing the covered parking
and the two (2) apartments shall be located more than 50~ below the
natural grade level as measured from the exterior walls of the
building.
4. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
5. That street lighting facilities along Nutwood 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 approval of improvement plans. The
above-required improvements shall be installed prior to occupancy.
6. That subject property shall be served by underground
utilities.
7. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the satisfaction of
the Chief of Police and the City Fire Marshal.
8. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
9. That prior to final street inspections, "No Parking for
Street Sweeping" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with said division.
10. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
residential properties.
11. That a 6-foot high masonry block wall shall be
constructed and maintained along the south property line.
-2-
12. 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 5.
13. That prior to issuance of a building permit for the two
dwelling units located at the below-grade parking level,
appropriate park and recreation in-lieu fees and traffic signal
assessment fees shall be paid to the City of Anaheim in an amount
as determined by the City Council.
14. That a covenant shall be recorded specifying that the two
additional parking level dwelling units shall be designed and
constructed as "handicapped accessible units" as defined by
applicable provisions of the Uniform Building Code. The wording
and form of the covenant shall be approved by the City Attorney.
Proof of recordation shall then be furnished to the Planning
Department.
15. That prior to issuance of a building permit for the two
dwelling units located at the parking level, or within a period of
one year from the date of this resolution, whichever occurs first,
Condition No. 13, 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.
16. That prior to final building and zoning inspections,
C'anditian Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12,
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 14th day of May, 1985.
/~
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CL OF THE CITY OF ANAHEIM
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3749M
061485
-3-
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-194 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~~"`'
the 14th day of May, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Overholt
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-194 on the 14th day of May, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affi$ed the seal of the
City of Anaheim this 14th day of May, 1985.
a i~6~ ~o~~~`"
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONOR:A Y. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the ,foregoing is the original of Resolution No. 85R-194 duly passed and
adopted by the Anaheim City Council on May 14, 1985.
~~~~~~_
CITY CLERK
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