RES-1989-121 RESOLUTION NO. 89R-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3898.
WHEREAS, after a request for variance by MELODEE ANN
SWALLOW AND GLADYS F. SWALLOW, 644 South Webster Street, Anaheim,
CA 92804, owner, and CENTURY WEST DEVELOPMENT, Attn: Robert F.
Torres, 8141 Kaiser Boulevard, #207, Anaheim, CA 92808, 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. 3898 was granted covering the following
described property:
LOT 17 OF TRACT NO. 796, IN THE CITY OF ANAHEIM, AS
PER MAP RECORDED IN BOOK 24, PAGE 28 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 a 3-story, 20-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 1S0 feet
of RS'-7200 residential
zoning and 2 stories
overall per'm]'"tt'ed; 3
stories at 50 feet
proposed)
That said variance be granted subject to the following conditions:
·
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 established by City Council resolution.
·
That gates shall not be installed across the driveway or in a
manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall
conform to the Engineering Division's Standard Plan No. 402
and shall be subject to the review and approval of the City
Traffic Engineer.
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
4. That subject property shall be served by underground utilities.
That this Variance is granted subject to the adoption of the
Zoning Ordinance in connection with Reclassification No.
88-89-35, now pending.
·
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·
·
That prior to issuance of a building permit appropriate fees
due for primary mains, shall be paid to the Water Utility
Division in accordance with Rules 1SA and 20 of the Water
Utility Rates, Rules and Regulations.
·
That the entire project, including parking garages, shall be
fire sprinklered, as required by the City Fire Department.
·
That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department.
10. That all lockable pedestrian and vehicular access gates shall
be equipped with a "knox box" device, if required by the City
Fire and/or Police Departments.
11. That trash storage areas shall be relocated away from he
residential area and provided and maintained in a location
acceptable to the Street Maintenance and Sanitation Division
and in accordance with approved plans on file with said
Division·
12. 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 a six (6)-foot high masonry block wall shall be
constructed and maintained along the north, east and south
property lines excepting the front setback where the wall
height shall not exceed three (3) feet; and further, that the
wall on the north property line shall be six (6) feet high as
measured on the adjacent neighbors' side and eight (8) feet
high as measured on the subject property side because the
grade level of subject property shall be covered two (2) feet
and a Z-foot high retaining wall constructed.
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14. That building plans shall show that any proposed parking area
lighting fixtures adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet.
Said lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area.
15. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 1, 10 and 12,
and Exhibit Nos. 2 through 9 and 11; provided, however, that
all balconies on the north side of the project shall be
enclosed with five (5) foot high masonry block walls, with one
(1)-foot high planters box on top; and further that the north
wall on the north property line shall be constructed as
specified by condition No. 15 herein.
16. 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, 5, 6, 7, 15 and 14,
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.
17. That prior to final building and zoning inspections, Condition
Nos. 3, 4, 8, 11, 12, 15 and 18, herein, shall be complied
with.
18. That a drip irrigation system shall be installed and
permanently maintained in all planter areas.
19. 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
regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requxrement.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this llth day of April, 1989.
I~A 0 0 THE CITY OF ~HEIM
ATTEST:
~~, CITY CLER' ANAHEIM
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3022L
041289
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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. 89R-121 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the llth day of April, 1989, by the following vote of the members thereof'
AYES'
COUNCIL MEMBERS' Ehrle, Pickler, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' Daly
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-121 on the 18th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of April, 1989.
~.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. 89R-121 duly passed and
adopted by the Anaheim City Council on April 11, 1989.
· CLERK OF THE OF ANAHEIM
~.CITY