2004-040RESOLUTION NO. 2004-40
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO.
2003-04592.
WHE1ZEAS, after a request for variance was received to permit new decks, porches,
balconies and trash enclosures in required setbacks, and to convert garages to laundry rooms in
conjunction with the 'Jeffrey Lynne Phase Two Housing Revitalization Project', a public hearing
before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a
result of which Variance No. 2003-04592 was approved covering the following described property:
1226, 1300, 1312, 1318, 1330 and 1334 West Cerritos Avenue,
1211, 1223, 1229, 1319 and 1337 West Lynne Avenue,
1524, 1530, 1600, 1612, 1618 and 1624 South Ninth Street, and
1531, 1537, 1542, 1613 and 1626 South Hampstead Street; and
WHEREAS, thereafter, within the time prescribed by law, an interested party caused
the review of said Zoning Administrator 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 with regard to
the proposed waiver (a) as hereinafter described:
1. That waiver (a), required type of parking spaces, is hereby approved on the basis that,
under the conditions imposed, the reconfiguration of parking spaces within the integrated apartment
complex will not cause fewer off-street parking spaces to be provided for the residential uses than
the number of such spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonably foreseeable conditions of operation of the use.
2. That the Traffic and Transportation Manager has reviewed the plans for this
revitalization project and does not oppose the request for waiver of required type of parking spaces
(i.e., open spaces instead of covered spaces).
3. That the parking waiver will not, under the conditions imposed, increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the use.
4. That the parking waiver will not, under the conditions imposed, increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of the
use.
5. That the parking waiver will not, under the conditions imposed, increase traffic
congestion within the off-street parking areas or lots provided for the use.
6. That the parking waiver will not, under the conditions imposed, impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
use.
7. That in order to enhance parking opportunities for the 'Jeffrey Lynne Phase Two
Housing Revitalization Project,' Community Development staff is proposing abandonment and
closure of two streets to provide additional open parking spaces in the center of this apartment
neighborhood and that such proposal will be considered by the City Council at a future date; that
there have been negotiations with Southern California Edison officials to lease a portion of the
overhead easement on the south side of Audre Drive to provide additional parking spaces; and that
the property managers/owners for all the 'participating' properties within the area (i.e., the parcels
high-lighted on the Location Map attached to the January 22, 2004 Staff Report to the Zoning
Administrator) will have control over any potential overcrowding in apartment units and the
allocation of tenant parking spaces.
WHEREAS, the City Council does further find and determine with regard to the
proposed waiver (b) as hereinafter described:
1. That waiver (b), minimum structural setbacks for enhanced private balconies, new
stairs, storage closets and new trash enclosures, is hereby approved on the basis that there are special
circumstances applicable to this apartment neighborhood pertaining to existing building placement
and physical constraints such as layout and density, which do not apply to other identically zoned
properties in the vicinity.
2. That strict application of the Zoning Code would deprive these properties of
privileges enjoyed by other properties under identical zoning classification in the vicinity due to a
substandard amount of open space, high crime rate, lack of adequate recreational-leisure space and
severely dilapidated condition of the yards and buildings within the area, which problems will be
reduced or eliminated as a result of the 'Jeffrey Lynne Phase Two Housing Revitalization Project.'
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 new
decks, porches, balconies and trash enclosures in required setbacks, and to convert garages to
laundry rooms in conjunction with the 'Jeffrey Lynne Phase Two Housing Revitalization Project' on
the property hereinbefore described with waivers of the following sections of the Anaheim
Municipal Code:
(a) Sections 18.06.050.010.012.0121
18.12.060.110
and 18.34.066.010
Minimum number, type, and design of
off-street parking spaces.
(total 135 spaces with 132 covered
spaces existing and required;
total 135 spaces with 62 covered spaces
proposed)
(b) Sections 18.12.060.050
18.34.063.010.012
18.34.063.020.021
and 18.34.063.020.022
Minimum structural setbacks.
(15 feet required adjacent to a local
street, 5½ to 6½ feet proposed; and
13 feet required between interior
property lines and building walls having
main entrances or windows, 3 V2 to 6
feet proposed)
That said variance be granted subject to the following conditions:
1. That all air conditioning facilities and other roof and ground mounted mechanical
equipment shall be properly shielded from view from adjacent residential properties and public
rights-of-way. Said information shall be specifically shown on the plans submitted for building
permits.
2. That trash storage areas shall be provided and maintained in locations acceptable to
the Public Works Department, Streets and Sanitation Division, and in accordance with approved
plans on file with said Department; and that on-site trash track turnarounds shall be provided as
required. Said information shall be specifically shown on the plans submitted for building permits.
3. That a plan sheet for solid waste storage and collection and a plan for recycling shall
be submitted to the Public Works Department, Streets and Sanitation Division, for review and
approval.
4. That any requests for new water services or fire lanes, as well as any modifications,
relocations or abandonment of existing water services and fire lanes, shall be coordinated through
the Water Engineering Division of the Public Utilities Department.
5. That all existing water services and fire lines shall conform to current Water Services
Standards Specifications. Any water service and/or fire line that does not meet current standards
shall be upgraded for continued use if necessary or abandoned if the existing service is no longer
needed. The owner/developer shall be responsible for any cost to upgrade or abandon any water
service or fire line.
6. That the legal property owner(s) shall irrevocably offer to dedicate to the City of
Anaheim (Water Engineering Division) a twenty (20) foot wide easement for water service mains
and/or an easement for large meters and other public water facilities.
7. That all exterior doors shall have adequate security hardware (for example, deadbolt
locks) as recommended by the Anaheim Police Department. Said information shall be specified on
the plans submitted for building permits.
8. That laundry room doors shall have view panels to increase visibility as
recommended by the Anaheim Police Department. Said information shall be specified on the plans
submitted for building permits.
9. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 28, and as conditioned herein.
10. That prior to issuance of a building permit for each separate property or within a
period of two (2) years from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3,
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 (Time Limit for Amendments,
Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments)
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of the Anaheim Municipal Code.
11. That prior to final building and zoning inspection of each separate property,
Condition No. 9, above-mentioned, shall be complied with.
12. 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,
State and Federal 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 16th day of March, 2004, by the following roll call vote:
AYES'
Mayor Pringle, Council Members Tait, Chavez, McCracken, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF A~M &
By
MAYOR OF THE CITY OF ANAHEIM
/C'f~Y CLLffRK OF/THE CITY OF ANAHEIM
53504.1
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