1985-534RESOLUTION NO. 85R-534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3514.
WHEREAS, after a request for variance by PABLO W.
ROSAS, 2115 East Reseda Place, Anaheim, California 92806 and
JOSEPH A. TODHUNTER, 8549 La Baya Avenue, Fountain Valley,
California 92708, 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. 3514 was granted in
part covering the following described property:
LOT 11, TRACT 303, RIMPAU SQUARE, AS PER :MAP RECORDED
IN BOOK 15, PAGE 20 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 to permit a 5-unit affordable apartment complex
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.34.062.011 - Maximum structural height.
AND 18.01.200 (2 stories at 30 feet high
permitted; 2 and 3 stories
at 24 and 31 feet high
proposed)
SECTION 18.34.062.020 - Maximum site coverage.
(55% permitted; 60%
proposed)
That said variance be granted subject to the following conditions:
1. 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.
2. 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.
3. That all engineering requirements of the City of Anaheim
along Melrose 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.
4. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
5. That the driveway shall be constructed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
6. That prior to issuance o.f a building permit, the owner of
subject property shall pay to the City of Anaheim a fee for street
lighting along Melrose Street in an amount as determined by the
City Council.
7. That prior to issuance of a building permit, the owner of
subject property shall pay to the City of Anaheim a fee for tree
planting purposes along Melrose Street in an amount as determined
by the City Council.
8. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures.
9. 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.
10. That trash storage areas shall
_ in accordance with approved plans on file
Maintenance and Sanitation Division.
be provided and maintained
with the Street
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11. That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the City of
Anaheim provide that one (1) of the five (5) proposed residential
units shall be rented as low or moderate income housing as defined
in Government Code Section 65915 and with appropriate rental
controls as approved by the City of Anaheim for a period of not
less than five (5) years from the date of issuance of occupancy
permits.
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 3.
13. 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, 6, 7, 8 and 11,
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.
14. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 8, 10 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 17th day of December, 1985.
MA OR F TH CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
JWF:fm
4709M
012786
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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-534 was introduced and adopted at a regular ''~''~
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of December , by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Bay, Pickler 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-534 on the 17th day of December, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of December, 1985.
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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-534 duly passed and
adopted by the Anaheim City Council on December 17, 1985.
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CITY CLERK