Loading...
83R-330 RESOLUTION NO. 83R-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3341. WHEREAS, after a request for variance by CONRAD J. LETTER and JOSEPHINE M. LETTER, owners, and WALTER K. BOWMAN, 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. 3341 was denied covering the following described property: That portion of Lot of Lot 1 of the Anaheim extension as shown on a map of survey made by Williamm Hamel and filed for recording in the office of the County Recorder of Los Angeles County, California described as follows: Beginning at a point in the north line of said lot being in the south line of La Palma Avenue, Distant thereon 255.33 feet west of the northeast corner of said lot running thence west along the north line of said lot 79.91 feet, thence south parallel with the easterly line of said lot 302.23 feet thence north 73 degrees 54' 25" east 77 feet to a line which is parallel with the easterly line of said lot thru a point of beginning. Thence northerly along said lot mentioned parallel line 279.849 feet to the point of beginning. Said land is shown on a licensed surveyors map filed in book 16, page 9 of records of survey in the office of the County Recorder of said county; 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 sur- roundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the prop- erty of privileges enjoyed by other property under identical zoning classification in the vicinity; and ........ WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: - 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and - 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 8-unit affordable residential condominium complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.31.061.012 - Minimum lot area per dwelling uni t. (3000 sq. ft. required; 2570 sq. ft. proposed) SECTION 18.31.063.011 - Minimum landscaped setback. (15 feet required; 9 ft. proposed) SECTION 18.31.063.03l - Minimum recreational-leisure area. (1000 sq. ft. per unit required; 9ll sq. ft. proposed) SECTION l8.06.050.0121 - Minimum number of parking spaces. (20 spaces required; 19 spaces proposed) 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 street lighting along La Palma Avenue in an amount as determined by the City Council. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along La Palma Avenue in an amount as determined by the City Council. 3. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anahim, in an amount as determined by the Office of the Utilities General Manager. 4. That prior to the 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. - 5. 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 for each new dwelling unit. -2- 6. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 7. 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 streets. Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That subject property shall be served by underground utilities. lO. 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. ll. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. l2. That tentative and final tract maps shall be submitted to the City of Anaheim for approval and a final tract map recorded in the Office of the County Recorder. l3. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. l4. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". l5. That a 6-foot high masonry block wall shall be constructed along the east, south and west property line(s) and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said wall prior to final building inspection. l6. That prior to final tract map approval, the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that twenty-five percent (25%) of the residential units shall be sold as low or moderate income housing as defined in Government Code Section 65915 and with appropriate rssle controls as approved by the City of Anaheim. -3- l7. That the proposed driveway shall be re-aligned perpendicular to La Palma Avenue per recommendation of the City Traffic Engineer. ,- l8. That all dwelling units located l50 feet or further from La Palma Avenue shall be fully sprinklered as required by the Fire Marshall. 19. 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. 20. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. l, 2 and l6, 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. 2l. That prior to final building and zoning inspections, Condition Nos. 6, 8, 9, ll, l5, l7, l8 and 19, above-mentioned, shall be complied wi;th. 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 ahy part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jur- isdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGO~NG RESOLUTION is approved and adopted by the City Council of the City of Anaheim this l6th day of August, 1983. ~'- MAYOR OF PRO TEM ATTEST: ~ ~~~~~OF JLW/kh Ol63U 9/2/83 ANAHEIM -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-330 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of August, 1983, by the following vote of the members thereof: ~, AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that th~ Mayor Pro Tem of the City of Anaheim signed said Resolution No. 83R-330 on the 16th day of August, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of August, 1983. ~J~ CITY C En -0; T . CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-330 duly passed and adopted by the Anaheim City Council on August 16, 1983. ~.~.~ ~ CITY CLERK -. '"..,