1985-347RESOLUTION NO. 85R-347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3481.
WHEREAS, after a request for variance by JESSIE C.
BONNER, owner, and GARY MASCIEL, 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.
3481 was granted covering the following described property:
LOTS 12 AND 13 OF TRACT NO. 255, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 14,
PAGE(S) 25, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; 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 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 feet of
single-family residential zone
permitted; 2 stories at 72
ft., 39-1/2 ft., 65-1/2 ft. and
95 ft. from single-family resi-
dential zoning to the north,
east, south and west proposed
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 30 feet in
width from the centerline of the street along Cypress Street and 30
feet in width from the centerline of the street along Coffman
Street for street widening purposes.
2. That the existing curb and gutter shall be removed and
reconstructed and that all engineering requirements of the City of
Anaheim along Cypress Street and Coffman Street, including
preparation of improvement plans and installation of all
improvements such as curbs and gutters, sidewalks, water
facilities, 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 Cypress 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 the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Cypress Street
and Coffman Street in an amount as determined by the City Council.
5. That a modified cul-de-sac shall be provided at the
easterly terminus of Cypress Street as required by the City
Engineer.
6. 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.
7. 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.
8. That the driveway shall be constructed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
9. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
10. That subject property shall be served by underground
utilities.
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11. 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.
12. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
13. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
80-81-39, now pending.
14. That a parcel map combining the two (2) existing parcels
shall be submitted to the City of Anaheim and then be recorded in
the Office of the Orange County Recorder.
15. That gates shall not be installed across the 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 right-of-way
shall be subject to the review and approval of the City Traffic
Engineer.
16. That all lockable pedestrian vehicular access gates shall
be equipped with a "knox box" device to the satisfaction of the
Chief of Police and the City Fire Marshal.
17. That prior to final building and zoning 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.
18. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
residential properties.
19. That a 6-foot high masonry block wall shall be
constructed and maintained along the easterly property line.
20. That prior to issuance of a building permit, thew
developer shall prepare plans and specifications for the closure of
Cypress Street between Evelyn Drive and Coffman Street, said
closure to include modified cul-de-sacs at both ends of Cypress
Street. Said plans and specifications shall be submitted to the
City Engineer for approval and a bond shall be posted with the City
of Anaheim to guarantee the installation of said improvements prior
to final building and zoning inspections.
21. 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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22. 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, 6, 7, 13, 14 and 20,
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, 8, 9, 10, 12, 15, 16, 17, 18, 19 and 21,
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 6th day of Augus 1985.
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MA OR OF THE CITY OF ANAHEIM
ATTF;ST
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CITY CLERK OF THE CITY OF AN -IM
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4213M
091785
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CLERK
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-347 was introduced and adopted at a regular ~'`"°
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of August, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-347 on the 6th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of August, 1985.
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CITY CLERK OF THE Y 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-347 duly passed and
adopted by the Anaheim City Council on August 6, 1985.
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CITY CLERK