88-038 RESOLUTION NO. 88R-38
A RESOLUTION OF THE CITY COUNCIL OF THE
OF ANAHEIM GRANTING VARIANCE NO. 3727.
CITY
WHEREAS, after a request for variance by WILLIAM AND
JOAN TODD, 3620 Savanna Street, Anaheim, CA 92804, JOHN AND
ROBERTA WARD, ROBERT AND MARY BURKS, 3630 Savanna Street,
Anaheim, Ca 92804, RODNEY AND SHEILA HART, 3540 Savanna Street,
Anaheim, CA 92804, owners and MAGDY HANNA, 4000 MacArthur Blvd.,
#680, Newport Beach, CA 92660, 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.
3727 was denied covering the following described property:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN
STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
ANAHEIM, AND IS DESCRIBED AS FOLLOWS:
THE
THAT PORTION OF LOT 26 OF TRACT 743, AS SHOWN ON A MAP
RECORDED IN BOOK 22, PAGE 10, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF TRACT
5529, AS SHOWN ON A MAP RECORDED IN BOOK 201, PAGES 5
AND 6, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY; THENCE NORTH 89 DEG. 49' 00" EAST 98.59 FEET
TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 0
DEG. 11' 00" WEST ALONG THE NORTHERLY PROLONGATION OF
THE EASTERLY LINE OF SAID LOT 1A DISTANCE OF 60.25
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 15.00 FEET; THENCE
NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGEL OF 90 DEG. 10' 00" AN ARC
DISTANCE OF 23.61 FEET TO A LINE TANGENT; THENCE SOUTH
89 DEG. 30' 00" WEST ALONG SAID LINE TANGENT 83.55
FEET TO A POINT IN THE WEST LINE OF SAID LOT 26;
THENCE SOUTH 0 DEG. 00' 00" EAST ALONG SAID WEST LINE
75.00 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 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 70-unit, 3-story 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 1SO ft. of single-family
res~ial zoning, 2-stories otherwise
permitted; 3 stories at 30 feet proposed)
That said variance be granted subject to the following conditions:
That street lighting facilities along Savanna Street
shall be installed as required by the Utilities General
Manager in accordance with specifications on file in the
Office of Utilities General Manager, 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 the
above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to approval of
improvement plans. The above-required improvements shall
be installed prior to occupancy.
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 occupancy of any apartment unit, the
developer shall have paid for and been responsible for
the construction of a traffic signal at the intersection
of Savanna Street and Knott Street, as approved by the
City Traffic Engineer and in accordance with
specifications on file with the Office of the City
Engineer, and that said traffic signal shall be
operational.
That prior to issuance of a building permit, the owner of
subject property shall pay the appropriate drainage
assessment and sewer assessment fees to the City of
Anaheim in an amount as determined by the City Engineer.
That fire sprinklers shall be installed as required by
the City Fire Marshall.
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10.
11.
12.
13.
That all engineering requirements of the City of Anaheim
along Savanna 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 approval
of improvement plans, to guarantee the installation of
the above-required improvements prior to occupancy.
That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gates
shall conform to Engineering Standard Plan No. 402 and
shall be subject to the review and approval of the City
Traffic Engineer.
That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-B pertaining to
standard details for parking structures and ramp
requirements.
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
That subject property shall be served by underground
utilities.
That in the event a parcel map is not recorded combining
the 2 existing lots, the property owner/developer shall
furnish the Zoning Division a recorded covenant and
agreement in a form approved by the City Attorney
agreeing to hold subject property as one parcel.
That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
That prior to rendering of water service, the appropriate
fees due for primary, secondary and fire protection shall
be paid to the Water Utility Division by the
owner/developer in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
-3-
14.
15.
16.
17.
18.
19.
20.
21.
22.
25.
That the driveway on Savanna Street 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 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.
That if required by the Fire and Police Departments, all
lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of
the Chief of Police and the City Fire Marshall.
That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view.
That a six (6)-foot high masonry block wall shall be
constructed and maintained along the southwest property
line.
That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 87-88-25, now pending.
That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 515
to the Zoning Division.
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;
provided, however, that additional decking shall replace
the "open to below" area shown on the approved site plan
(Exhibit No. 1), to provide additional on-site
recreational space.
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, 4, 6, 8, 11,
19 and 20, 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.
That prior to final building and zoning inspections,
Condition Nos. 1, 3, S, 6, 9, 10,.12, 14, 16, 17, 18 and
21, above-mentioned, shall be complied with.
-4-
24.
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 26th day of January, 1988.
MAYO~RO'~THE~ANAHEIM
ATTEST:
CITY CLE OF ANAHEIM
,JLW/jb
2261L
020288
-5-
CLERk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 88R-B8 was introduced and adopted at
a regular meeting provided by law, of the City Council of the City of Anaheim
held on the 26th day of January, 1988, by the following vote of the members
thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-B8 on the 26th day of January, 1988.
IN WITNESS WH~ItEOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of January, 1988.
ASSISTANT CITY CLE~F THE CITY OF A~AHEIM
(s~)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is t~e original of Resolution No. 88R-38 duly
passed and adopted by the Anaheim City Council on January 26, 1988.
OF ANANEIM
~-~I~ITY