88-040 RESOLUTION NO. 88R-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3739.
WHEREAS, after a request for variance by LA QUITA J.
KYNDA, 3603 Savanna Street, Anaheim, CA 92801, CONNIE RAE HALL,
3621 Savanna Street, Anaheim, CA 92801, LUCION W. AND BARBARA B.
MYLES, 3609 Savanna Street, Anaheim, CA 92801, ROBERT AND LINDA
ADAIR, 3613 Savanna Street, Anaheim, CA 92801, owners and MADGY
HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 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. 3739 was denied covering the following
described property:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
ANAHEIM, AND IS DESCRIBED AS FOLLOWS:
LOT 19 OF TRACT NO. 743, AS PER MAP RECORDED IN BOOK
22, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE WESTERLY 43.48 FEET THEREOF;
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 an 86-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 150 ft. of single-family
res~-~-i-d-~h-~ial zoning, 2 stories otherwise
permitted; 3 stories proposed)
That
said
1.
6.
7.
8.
10.
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. 87-88-33, now pending.
That prior to issuance of a building permit, the owner of
subject property shall pay the appropriate drainage
assessment fees to the City of Anaheim in an amount as
determined by the City Engineer.
That sidewalks shall be removed and/or reconstructed
along Savanna Street as required by the City Engineer and
in accordance with standard plans and specifications on
file in the Office of the City Engineer.
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 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 fire sprinklers shall be installed as required by
the City Fire Marshall.
That prior to issuance of a building permit 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 iSA and 20
of the Water Utility Rates, Rules and Regulations.
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 the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-B pertaining to
standard details for parking structures.
-2-
11.
12.
15.
14.
15.
16.
17.
18.
19.
That in the event a parcel map is not recorded combining
the 4 existing lots, the property owner/developer shall
furnish the Zoning Division with a copy of a recorded
covenant and agreement in a form approved by the City
Attorney agreeing to hold subject property as one parcel.
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, ali
lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of
the City Fire Marshall and the Police Chief.
That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
That ail 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 west property line,
excepting the front setback where the wall height shall
be three (3) feet.
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. 2), 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, 8, 9, 10,
and 11, 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.
That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 6, 7, 15, 14, 15, 16 and 17,
above-mentioned, shall be complied with.
-5-
20.
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 ail 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.
City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 26th day of January, 1988.
MAYO~~C~iTY~NAH£iM
ATT EST:
CITY CLERK OF ~E CITY OF ANAHEIM
JLW/jb
2263L
020288
-4-
CLERK
STATE OF CALiFOP~NIA )
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-40 was introduced and adopted at
a regular meeting provided by law, of the City Council of the City of Anaheim
aeld on the 2~th day of January, 1988, by the following vote of the members
thereof:
AYES:
NOES:
ABSFA~T:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-40 on the 2~th day of January, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of January, 1988.
ASSISTANT CITY CLERR~0F THE CITY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 88R-40 duly
passed and adopted by the Anaheim City Council on January 26, 1988.
ASSISTANT ITY OF ANAHEIM