RES-1989-148 RESOLUTION NO. 89R-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3911.
WHEREAS, after a request for variance by JACK NOSEK ET
AL, 1206 W. Ash Avenue, Fullerton, CA 92633, owner, and THOMAS
MAURER AFA & ASSOCIATES, 150 E1 Camino Real, Suite 200, Tustin,
CA 92680, 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. 3911 was granted
covering the following described property:
THE WESTERLY 74 FEET OF THE NORTHERLY 195 FEET OF THAT
PORTION OF LOT 11 OF THE MILES RANCHO, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 4 PAGE 7 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT,
332.35 FEET FROM THE SOUTHEAST CORNER OF SAID LOT;
THENCE NORTH 0 DEGREES 9 MINUTES 15 SECONDS WEST
1318.71 FEET, MORE OR LESS, TO A POINT IN THE NORTH
LINE OF SAID LOT 11; THENCE WESTERLY ALONG THE NORTH
LINE OF SAID LOT, 174 FEET TO A POINT; THENCE
SOUTHERLY ON A DIRECT LINE 1318.71 FEET, MORE OR LESS,
TO A POINT ON THE SOUTH LINE OF SAID LOT 11; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID LOT, 174 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.
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, 9-unit apartment complex
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
GRNTG VAR. #3911
SECTIONS 18.34.062.011
AND 18.34.062.012
Maximum structural height·
(1 story within 150 feet
of RS-'720'0 z°'n'ing and 2
stories otherwise
permitted; 3 stories at 70
feet propose~').
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 the existing driveway on Romneya Drive shall be removed
and replaced with standard curb and gutter, sidewalk and
landscaping.
,
That parking shall not be permitted on the ten percent (10%)
grade portion of the parking garage ramp as required by the
City Traffic Engineer.
That street lighting facilities along Romneya Drive shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General 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.
5. That subject property shall be served by underground utilities·
·
That the legal owner of subject property shall dedicate to the
City of Anaheim with a strip of land five (5) feet in width
located along the southerly sixty (60) feet of the west
property line of subject property for public utility purposes.
·
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·
·
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.
·
That the renter of each residential dwelling unit shall be
provided with written information concerning Anaheim Municipal
Code Section 14.52.500 pertaining to "Parking restricted to
-2- GRNTG VAR. #3911
facilitate street sweeping". Such written information shall
clearly indicate when on-street parking is prohibited and the
penalty for violation.
10. That the curbing adjacent to subject property shall be painted
red to facilitate on-street trash pick-up.
11. That a fee shall be paid to the City of Anaheim for tree
planting along Romneya Drive in an amount as established by
City Council resolution.
1Z. That prlor 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.
13. That gates shall not be installed across the driveway 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.
14. That the proposed parking structure design shall conform to
the Engineering Division's Standard Plan No. 402-B pertaining
to standard details for parking structures and ramp
requirements.
15. That the driveway shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
16. That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
17. That all lockable pedestrian, vehicular access gates shall be
equipped with a "knox box" device, if required by the Fire
and/or Police Department.
18. That fire sprinklers shall be installed as required by the
City Fire Department.
19. 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.
20. That all plumbing located on the exterior of the building
shall be properly screened from view by architectural devices
and/or landscaping.
21. That prior to issuance of a building permit, the legal
property owner shall prepare and record an unsubordinated
covenant limiting occupancy of each apartment unit to no more
than two (2) persons (other than children under the age of two
-5-
GRNTG VAR. #3911
(2) years) per bedroom. Said limitation shall be included in
each lease/rental agreement. A copy of the covenant shall be
submitted to and approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be
furnished to the Zoning Division.
22. That a covenant shall be recorded agreeing to provide the
renter of each dwelling unit with written information obtained
from the School District(s) pertaining to possible overcrowded
conditions and busing status of the school(s) serving the
dwelling unit.
25. 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 4.
24. 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, 4, 6, 11, 1Z, 13,
14, 16, 21 and ZZ, 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.
25. That prior to final building and zoning inspections, Condition
Nos. Z, 4, 5, 7, 8, 10, 13, 14, 15, 16, 17, 18, 19, 20 and 25,
above-mentioned, shall be complied with.
26. 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of April, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
JLW: db/3068L/042689 -5-
GRNTG VAR. #3911
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-148 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of April, 1989, by the following vote of the members thereof'
AYES ·
COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER certify that the Mayor of the City o£ Anaheim signed said
Resolution No. 89R-148 on the 3rd day of May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd 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-148 duly passed and
adopted by the Anaheim City Council on April 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM