RES-1989-134 RESOLUTION NO. 89R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 5867, IN
PART (REHEARING).
WHEREAS, after a request for variance by DURFEE
GARDENS, PARTNERSHIP, 1700 Raintree Road, Fullerton, CA 92655,
owner, and Dr. Ronald Crowley, 1700 Raintree Road, Fullerton, CA
92655, 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. 5867 was granted covering
the following described property:
BEGINNING AT A POINT 80 FEET SOUTHERLY FROM THE
NORTHEAST CORNER OF VINEYARD LOT A-l, CITY OF ANAHEIM
AS PER MAP RECORDED IN BOOK 4, PAGE 629, LOS ANGELES
COUNTY, RUNNING THENCE WESTERLY PARALLEL WITH THE
NORTHERLY LINE OF SAID LOT 164 FEET, THENCE SOUTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 75 FEET,
THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF
SAID LOT, 164 feet, THENCE NORTHERLY TO THE POINT OF
BEGINNING.
THE SOUTHERLY 70.00 FEET OF THE NORTHERLY 225.00 FEET
TO THE EASTERLY 164.00 FEET OF VINEYARD LOT A-l, AS
PER MAP RECORDED IN BOOK 4, PAGES 629 AND 650, DEEDS,
RECORDS OF LOS ANGELES COUNTY.
BEGINNING AT A POINT IN THE NORTH LINE OF VINEYARD LOT
A-l, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629
AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, SAID PINT BEING 164 FEET WESTERLY OF THE
NORTHEAST CORNER THEREOF, RUNNING THENCE SOUTHERLY
PARALLEL TO THE EASTERLY LINE OF SAID LOT, 225 FEET;
THENCE WESTERLY PARALLEL TO THE NORTHERLY LINE OF SAID
LOT 75 FEET; THENCE NORTHERLY PARALLEL TO SAID
EASTERLY LINE, 225 FEET TO A POINT IN THE SAID
NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY
LINE 75 FEET TO THE POINT OF BEGINNING.
THAT PORTION OF LOT A-1 OF ANAHEIM VINEYARD, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGES 629
AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF LOT A-1 AS
SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630
OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
G/VAR. 3867
I N PART
SAID POINT BEING 239 FEET WESTERLY OF THE NORTHEAST CORNER
THEREOF, RUNNING THENCE SOUTHERLY PARALLEL TO THE EASTERLY
LINE OF SAID LOT, 225 FEET; THENCE WESTERLY PARALLEL TO THE
NORTHERLY LINE OF SAID LOT, 67.5 FEET; THENCE NORTHERLY
PARALLEL TO SAID EASTERLY LINE 225 FEET TO A POINT IN SAID
NORTHERLY LINE; THENCE NORTHERLY PARALLEL TO SAID EASTERLY
LINE 225 FEET TO A POINT IN SAID NORTHERLY LINE; THENCE
EASTERLY ALONG SAID NORTHERLY LINE 67.5 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 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.
Z. 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, in part, permitting a 1 and 2 story, 18-unit
condominium complex on the property hereinbefore described with a
waiver of the following section only of the Anahelm Municipal Code:
SECTION 18.51.062.012
Maximum structural height·
(1-story permit'te"d 'wi'thin
50 feet of RS-7200 zoning;
2 stories proposed at Z0
feet)
That said variance be granted subject to the following
conditions'
·
That this Variance is granted subject to the adoption
of the Zoning Ordinance in connection with
Reclassification No. 88-89-22, now pending.
·
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 sidewalks shall be installed along North Street as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
-2- G/VAR 3867
IN PART
·
That all existing driveways on East Street and North
Street shall be removed and replaced with standard
curb, gutter, sidewalk and landscaping.
·
That the driveway shall be constructed with ten (10)
foot radius curb returns as required by the City
Engineer. Existing broken or cracked driveways shall
be removed and replaced as required by the City
Engineer.
That a tract map to record the division of subject
property shall be submitted to and approved by the City
of Anaheim and then be recorded in the Office of the
Orange County Recorder.
·
That a parking plan indicating compliance with City of
Anaheim parking design standards shall be submitted to
and approved by the City Traffic Engineer.
·
That a three (3) foot wide "emergency only" gate
equipped with a 'knox-box' shall be installed along
North Street to the satisfaction of the City Fire
Department.
·
That prior to commencement of structural framing,
on-site fire hydrants shall be installed and charged as
required and approved by the City Fire Department.
10. That subject property shall be served by underground
utilities.
11. That street lighting facilities along East Street shall
be installed as required by the Utilities 6eneral
Manager in accordance with specifications on file in
the Office of Utilities 6eneral Manager; or 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 a building permit. The above-required
improvements shall be installed prior to occupancy.
12. That prior to any occupancy, temporary street name
signs shall be installed if permanent street name signs
have not been installed.
15. That gates shall not be installed across the private
street 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.
-3- 6/VAR. 3867
IN PART
14. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
15. That trash storage areas shall be 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.
16. 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.
17. That the purchaser of each residential dwelling unit
shall be provided with written information concerning
Anaheim Municipal Code Section 14.52.500 pertaining to
"parking restricted to £acilitate street sweeping".
Such written information shall clearly indicate when
on-street parking is prohibited and the penalty £or
violation.
18. 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.
19. That prior to issuance of a building permit, evidence
shall be presented satisfactory to the Building
Division 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.
20. That prior to final occupancy permits, a six (6) foot
high masonry block wall shall be constructed and
maintained along the south and west property lines
excepting the front setback where the wall height shall
not exceed three (5) feet; provided, however, that
during the construction phase of the project, a
chainlink fence shall be provided along those property
lines where there is currently no block wall exists.
21. 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.
-4- GRNTG VAR. 3867
IN PART
22. 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 through 4; provided, however, that:
(a) A maximum of eighteen (18) residential condominium
units may be constructed;
(b) The two most westerly units of Building No. 2 (as
shown on Revision No. 1 of Exhibit No. 1) shall be
removed to reduce the total unit count to 18;
(c) In accordance with Condition No. 20 and prior to
issuance of a building permit, a chainlink fence
shall be provided along the property lines where
there is no existing fence if the permanent six
(6) foot high block wall has not yet been
completed. Said block wall shall be constructed
prior to final occupancy permits being issued; and
(d) Prior to issuance of a building permit, acceptable
plan(s) showing the above-changes shall be
submitted to the Planning Department for approval.
25. 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, Z, 0, 7, 11,
13, 19, 20 and 21, above-mentioned, shall be complied
with. Extensions for further time to complete said
conditions may be granted in accordance with Section
18.05.090 of the Anaheim Municipal Code.
24. That prior to final building and zoning inspections,
Condition Nos. 5, 4, 5, 8, 10, 11, 14, 15, 16, 18, 20
and 22, above-mentioned, shall be complied with.
25. 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 requirement.
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.
-5- GRNTG VAR. 3867
IN PART
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 18th day of
April, 1989.
ANAHEIM
ATTEST:
CITY ~'LER~ 'OF' THE CITY OF' ANAHEIM
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3038L
042189
-6-
GRNTG VAR. 3867
IN PART
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-134 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of April, 1989, by the following vote of the members thereof'
AYES'
COUNCIL MEMBERS' Pickler, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' Daly
TEMPORARILY ABSENT' COUNCIL MEMBERS' Ehrle
AND I FURTHER certify that the Mayor of the City of Anaheim signed ~aid
Resolution No. 89R-134 on the 8th day of May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of May, 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-134 duly passed and
adopted by the Anaheim City Council on April 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM