88-338 RESOLUTION NO. 88R-338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3810, IN
PART.
WHEREAS, after a request for variance by CLINTON H.
FLYNN AND RUTH R. FLYNN, 603-607 West Broadway, Anaheim,
California 92805, owners, and S & M DEVELOPMENT COMPANY, ATTN:
MOHAMMAD MEHDI EBRAHIMZADEN, P.O. Box 3868, Mission Viejo,
California 92690, 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. 3810 was
granted, in part, covering the following described property:
Lot 12 in Block 2 of the "Enterprise Tract", a
subdivision of a part of Vineyard Lot "E6", Anaheim,
as shown on a Map recorded in Book 4, page 39
Miscellaneous Maps, records of Orange County,
California.
Lot 13 in Block 2 of "Enterprise Tract", a subdivision
of a part of Vineyard Lot "E6" Anaheim, as shown on a
map recorded in Book 4, page 89 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 to permit a ten (10) unit apartment complex on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.34.062.020
Maximum Site Coverage.
55% permitted; 71% proposed)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
88-89-02, now pending.
2. 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 City Council resolution.
3. That the existing driveway on Broadway shall be removed
and replaced with a standard curb, sidewalk and landscaping.
4. 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.
5. That in the event a parcel map is not recorded combining
the two (2) existing lots, the legal property owner 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.
6. 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.
7. That a parking plan indicating compliance with City
parking lot design standards shall be submitted to and approved
the City Traffic Engineer.
by
8. That prior
park and recreation
Anaheim in an amount
to issuance of a building permit, appropriate
in-lieu fees shall be paid to the City of
as determined by the City Council.
9. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
10. That subject property shall be served by underground
utilities.
11. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and approved by
the City Fire Department.
12. That if required by the Fire and/or Police Department,
all lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of the City
Fire Department and the City Police Department.
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13. 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.
14. 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.
15. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. i and 2.
16. 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, 5, 6, 7 and 8, 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.
17. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 9, 10, 12, 13, 14 and 15, above-mentioned,
shall be complied with.
18. 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.
City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 30th da7 of August, 1988.
MAYO~ CIT~Y 0F ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
2713L
083188
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CLEF. K
STATE OF CALIFOP~NIA )
COUNTY OF 0tLANGE ) ss.
CITY OF A_NA-HEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-338 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 30th day o£ August, 198~, by the following vote of the members thereof:
AYES: COUNCIL MEbiBf~IS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL ME}IBERS: None
ABSENT: COUNCIL MEMBFilS: None
A]qD i FURTHER CE~tTiFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-338 on the 7th day of September, 1988.
IN WITNESS WHERJEOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 7th day of September, 1988.
CITY CLEPdi OF THE CITY OF A~qAHEIM
(SEAL)
I, LEONORA N. SOHL, City Cler~ of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-338 duly passed and
adopted by the Anaheim City Council on August 30, 1988.
CITY CLF2tK OF THE CITY OF ~NAHEIaM