91-053 RESOLUTION NO. 91R-53
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4091 AND RESCINDING RESOLUTION
NO. 90R-419 (REHEARING).
WHEREAS, after a request for variance 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. 4091 was denied covering the following described
property:
THE EAST ONE-HALF OF THAT PORTION OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION THIRTEEN, TOWNSHIP FOUR
SOUTH, RANGE ELEVEN WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE RANCHO LOS COYOTES, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER WEST 110.00 FEET FROM THE
SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID
SOUTH HALF; THENCE NORTH PARALLEL WITH THE EAST
LINE OF SAID EAST 5 ACRES TO THE SOUTH LINE OF
TRACT 2228, AS SHOWN ON A MAP RECORDED IN BOOK
69, PAGES 34 THROUGH 37 INCLUSIVE, OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE WEST 217.00 FEET ALONG THE
SOUTH LINE OF SAID TRACT 2228; THENCE SOUTH
PARALLEL WITH SAID WEST LINE OF THE EAST 5 FEET
ACRES TO THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE EAST 217.00 FEET TO THE POINT
OF BEGINNING; 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 adopted its Resolution No. 90R-419 denying Variance
No. 4091; and
WHEREAS, thereafter, within the time prescribed by law,
the owner of the property filed an application for a rehearing
which application was denied by the city Council; and
WHEREAS, thereafter, the City Council voted to reconsider
said application for rehearing and, upon reconsideration, granted a
rehearing in said matter; and
WHEREAS, said rehearing was conducted at a duly noticed
public hearing and, as a result thereof, the City Council does
hereby make the following findings: Variance4091
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 speoial 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
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
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 retaining a 13th dwelling unit within
an existing 12-unit apartment complex on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTIONS 18.06.050.0121 - Minimum number of parking spaces.
18.06.080 (32 spaces required; 13 spaces
and 18.34.066.050 existing)
SECTION 18.34.062.032 - Minimum floor area.
(550 feet required for bachelor unit;
530 feet existing)
SECTION 18.34.065.011 - Minimum distance between building
walls. (10 feet required; 5 feet
existing
That said variance be granted subject to the following conditions:
1. That the appropriate traffic signal assessment fee shall be
paid to the City of Anaheim for the 530 sq.ft. bachelor
apartment unit, in an amount as established by City Council
resolution.
2. That sidewalks, curbs and gutters shall be repaired along Ball
~,~ Road as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of the
City Engineer.
3. That the legal owner of subject property shall dedicate to the
City of Anaheim an easement five (5) feet in width along the
north property line for public utility purposes.
Variance4091
4. That trash storage areas shall be refurbished to the
satisfaction of the Street Maintenance and Sanitation Division
to comply with approved plans on file with said division.
5. That a plan for on-site refuse truck circulation shall be
submitted to the Street Maintenance and Sanitation Division
for their review and approval. Said circulation route shall
thereupon be maintained in a clear condition as required by
said Division.
6. That a fee for street tree purposes shall be paid to the City
of Anaheim based on the length of street frontage along Ball
Road in an amount as established by City Council resolution.
7. That the appropriate park and recreation in-lieu fees shall be
paid to the City of Anaheim for the 530 sq.ft. bachelor
apartment unit in an amount as established by City Council
resolution.
8. That the 530 sq.ft. bachelor apartment unit authorized by this
resolution shall be served by underground utilities, as
required by the Electrical Engineering Division.
9. That plans for the 530 sq.ft. bachelor apartment unit shall be
submitted to the Building Division showing compliance with the
minimum standards of the city of Anaheim, including the
Uniform Building, Plumbing, Electrical, Housing, Mechanical
and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
10. That a six (6) foot high masonry block wall shall be
constructed and maintained along the north and east property
lines excepting the front setback where the wall height shall
not exceed three (3) feet; provided, however, that the City
Traffic and Transportation Manager shall have the authority to
reduce the height of the wall to protect visual lines-of-site
where pedestrian and/or vehicular circulation intersect.
11. That the on-site landscaping and irrigation system shall be
refurbished and maintained in compliance with City standards.
12. That the legal property owner shall enter into an
unsubordinated recorded agreement with the City of Anaheim
pursuant to California Government Code Section 65915 to
provide that the 530 sq.ft. bachelor apartment unit shall be
rented as low 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 thirty
(30) years from the date of this resolution. A copy of the
recorded covenant shall be submitted to the Zoning Division.
13. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 3.
Variance4091
14. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 3, 5, 6, 7, 9 and 12, 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.
15. That prior to final building and zoning inspections, Condition
Nos. 2, 4, 8, 10, 11 and 13, above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that Resolution No. 90R-419 be,
and the same is hereby, rescinded.
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 26th day of February,
1991.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
ORDRES\R42V4091.179
Variance 4091
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby .certify that
the foregoing Resolution No. 91R-53 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 26th day of
February, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed[ said
Resolution No. 91R-53 on the 27th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of February, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the o~iginal of Resolution No. 91R-53, duly passed and adopted
by the City Council of the City of Anaheim on February 26, 1991.
CITY CLERK OF THE CITY OF ANAHEIM