1985-348RESOLUTION NO. 85R-348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3487.
WHEREAS, after a request for variance by SEVERIANO J.
PEREZ AND RUTH ANN PEREZ and ARTHUR P. LANE AND BEVERLY R. LANE,
owners, and MAGOY HANNA, 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. 3487
was granted covering the following described property:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 2.5
ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID
WEST 2.5 ACRES, 330 FEET OF THE NORTHEAST CORNER
THEREOF; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION, 66 FEET;
THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID WEST
2.5 ACRES, 330 FEET TO A POINT ON THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION; THENCE WEST ALONG SAID SOUTH LINE 66 FEET TO
THE POINT OF BEGINNING.
PARCEL 1:
THE EASTERLY 80.00 FEET OF THE WESTERLY 250.00 FEET OF
THE WEST 2.50 ACRES OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST
IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE~O~'FICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
THE WEST 2.5 ACRES OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDED
IN BOOK 51 PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WESTERLY 250 FEET; 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 52-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 building height.
(1 story permitted within
150 feet of a single-family
residential zone and 2
stories permitted beyond 150
feet; 2 stories located 58
feet from single-family
residential zoning to the
north 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 Ball Road in an
amount as determined by the City Council.
2. That gates shall not be installed across any 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.
3. 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.
4. 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.
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5. That all existing utility easements on subject property
shall be reviewed by the City Utilities Division to determine if
any easement shall be abandoned or relocated. It shall then be the
responsibility of the owner/developer of subject property to
process any abandonment or relocation as required by the City
Utilities Division.
6. That the driveways shall be constructed 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 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.
9. That subject property shall be served by underground
utilities.
10. 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.
11. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
12. That a parcel map combining the three (3) existing lots
shall be submitted to and approved by the City of Anaheim and then
be recorded in the Office of the Orange County Recorder.
13. 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.
14. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view, and
the sound buffered from adjacent residential properties.
15. 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" and with
Noise Insulation Standards specified in the California
Administrative Code, Title 25.
16. That fire sprinklers shall be installed as required by
the City Fire Marshal.
17. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures and ramp requirements.
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18. That the basement level containing the covered parking
structure shall be located more than 50~ below the natural grade
level of the site as measured from the exterior walls of the
building.
.--~- 19. That this variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
84-85-32, now pending.
20. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision 1 of Exhibit No. 1 and Exhibit No. 2;
provided, however, (a) that the swimming pool and spa shall be
relocated at least fifty (50) feet away from the north property
line, (b) that a six (6) foot high block wall shall be constructed
and maintained along the east and north property lines, and (c)
that no windows or balconies shall face the westerly 150 feet of
the north property line.
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, 3, 4, 5, 12, 15, 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. 2, 6, 7, 8, 9, 11, 14, 16, 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 6th day of August, 1985.
MA OR OF THE CIT OF ANAHEIM
ATTEST,:,
i" j
~" %~ ~_
ITY CLERK OF THE CITY OF ANAHEIM
JLW : f m
4252M/092785
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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-348 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: 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-348 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.
~ !~
CITY CLERK OF THE CITY 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-348 duly passe and
adopted by the Anaheim City Council on August 6, 1985.
~~
CITY CLERK