87-034 RESOLUTION NO. 87R-34
A RESOLUTION OF TttE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3625.
WHEREAS, after a request for variance by EUGENE NOONAN,
510 East Lincoln Avenue, Anaheim, California 92805, owner, 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. 3625 was denied covering the following
described property:
LOTS 12 AND 13 IN BLOCK "F" OF "THE LORELIE TRACT",
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 29,
PAGE 24 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA; and
IN
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 construct a 12-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 73% proposed)
SECTIONS 18.34.063.012
18.34.063.013
AND 18.34.063.022
Minimum structural setback.
(14 to 20 feet required along
north, east, south and west
property lines; 7 to 12 feet
proposed)
SECTIONS 18.06.040.020 -
AND 18.34.066.020
Minimum dimensions of parking
spaces.
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along East Street and
Rose Street in an amount as determined by the City Council.
2. 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.
3. 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.
4. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land forty-five
(45) feet in width from the centerline of the street along East
Street and ten (10) feet in width from the centerline of the alley
for street widening purposes.
5. That all engineering requirements of the City of Anaheim
along East 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
satisfacto(ty 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.
6. That all driveways shall be constructed or reconstructed
to accommodate ten (10) foot radius curb returns as required by the
City Traffic Engineer.
7. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
8. That subject property shall be served by underground
utilities.
9. 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.
10. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
-2-
11. That the developer shall repair the catch basin at the
northeast corner of the alley and Rose Street.
12. That the developer shall construct an access ramp at the
northwest corner of the alley and East Street.
15. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street(s). Installation of any
gates shall conform to Engineering Standard Plan No. 402 and
subject to the review and approval of the City Traffic Engineer.
14. That street lighting facilities along Rose Street and
East 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.
15. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit No. 1.
16. 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 and 4, 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. 6, 7, 8, 10, 11, 12, 13 and 15, above-mentioned,
shall be complied with.
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 5rd davy of February, 1987.
MAYOR OF THE EIM
ATTEST-v//.) ~-~ __
~E~ANAHEIM
BG:fm/1722L/052487 -5-
CLERJ(
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORAN. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-34 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of February, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Hunter and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-34 on the 3rd day of February, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of February, 1987.
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. 87R-34 duly passed and adopted
by the Anaheim City Council on February 3, 1987.
CITY CLERK OF THE CITY OF ANAHEIM