88-041 RESOLUTION NO. 88R-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3732.
WHEREAS, after a request for variance by KIYOSHI
SHIGEKAWA AND WILLIAM SHIGEKAWA, 725 S. Elder Street, Anaheim,
CA 92805, owner, and SUMMERHILL DEVELOPMENT CO., 1122 E. Lincoln
Avenue, Ste. 113, Orange, CA 92665, Attn: ROBERT WELLS, 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. 3732 was denied covering the following
described property:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED
STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
ANAHEIM, AND IS DESCRIBED AS FOLLOWS:
IN THE
THE WEST 4 ACRES OF THE EAST 29 ACRES OF THE SOUTH
HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 2-story, 92-unit apartment complex
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.34.062.012
Maximum structural height.
[1 story within 150 feet of a
s~ng~amily zone and 2 stories
otherwise permitted; 2-stories
proposed).
That said
1.
10.
11.
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. 87-88-50, now pending.
That subject property shall be served by underground
utilities.
That the existing driveways on La Palma Avenue shall be
removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
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 determined by the
City Council.
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and determined to be necessary by the Chief of the Fire
Department.
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.
That the owner of subject
of Anaheim a fee for tree
Palma Avenue in an amount
Council.
property shall pay to the City
planting purposes along La
as determined by the City
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 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 Engineering Standard Plan No. 402 and
shall be subject to the review and approval of the City
Traffic Engineer.
That the driveway shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
-2-
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
That if required by the Fire and Police Department, ail
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 trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
That ali air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
vieu, and the sound buffered from adjacent residential
properties.
That prior to issuance of a building permit, the
applicant shall present evidence 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.
That a six (6)-foot high masonry block wail shall be
constructed and maintained along the north and east
property lines.
That any proposed parking area lighting fixtures adjacent
to any residential property shall be down-lighted with a
maximum height of 12 feet. Said lighting fixtures shall
be directed away from adjacent residential property lines
to protect the residential integrity of the area.
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.
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, 4, 8, 9, 10, 15
and 16, 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
Condition Nos. 2, 3, 5, 11, 12, 13, 14,
above-mentioned, shall be complied with.
inspections,
17 and 18,
That approval o£ this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim ~unicipal 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.
-5-
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 ~ay of January, 1988.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
3LW/jb
2251L
012788
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ~NAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-41 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:
NOES:
ABSENT:
COUNCIL M~EMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter and Pickler
Kaywood and Bay
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-41 on the 26th day of January, 1988.
IN WITNESS WHEREOF, I Rave hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of January, 1988.
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. 88R-34 duly passed and adopted
by the Anaheim City Council on January 26, 1988.
CITY CLERK OF THE CITY OF ANAHEIM