86R-147
RESOLUTION NO. 86R-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3537.
WHEREAS, after a request for variance by LENA TRAPANI
AND RUDOLPH W. BLANCHARD, 1280 East La Palma Avenue, Anaheim,
California 92805, owners, and MASSOUD MONSHIZADEH, 795 Victoria
Way, Placentia, Califrnia 92670, 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.
3537 was granted covering the following described property:
THAT PORTION OF LOT 1 OF ANAHEIM EXTENSION AS SHOWN ON
A MAP OF SURVEY BY WILLIAM HAMEL, A COpy OF WHICH IS
SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS
ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT,
BEING A POINT IN THE SOUTH LINE OF LA PALMA AVENUE,
AND RUNNING THBNCE WEST ALONG THE NORTH LINE OF SAID
LOT, 93.41 FEET; THENCE SOUTHERLY, PARALLEL WITH THE
EASTERLY LINE OF SAID LOT 234.546 FEET, THENCE NORTH
730 45' 10" EAST 90 FEET TO THE EASTERLY LINE OF SAID
LOT; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 208.41
FEET TO THE POINT OF BEGINNING; 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; and
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; 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.
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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 lO-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.
(one-story permitted within
150 feet of RS-7200 zoning
to east and south; two
stories proposed at 47 and
48 feet)
SECTION 18.34.063.011
Minimum landscaped setback.
(20 feet required along La
Palma Avenue; 14 to 22 feet
proposed)
SECTION 18.34.063.021
Minimum structural setback.
(22 feet required adjacent
to the west property line;
10-1/2 feet to 12 feet pro-
posed)
SECTIONS 18.34.066.010 -
18.06.050.0121
AND 18.06.080
Required type of parking
spaces. (25 spaces with ZO
covered at 10 ft. x 20 ft.
each required; 25 spaces
with 11 covered at 9 ft. x
10 ft. 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 tree planting purposes along La Palma Avenue
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 for each
new dwelling unit.
4. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 53 feet in
width from the centerline of the street along La Palma Avenue for
street widening purposes.
5. That all engineering requirements of the City of Anaheim
along La Palma Avenue, including preparation of improvement plans
and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and
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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
satisfactory 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 the driveway shall be constructed 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 street lighting facilities along La Palma Avenue
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.
10. 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.
11. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
12. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
67-68-68, now pending.
13. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
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.
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15. That a mInImum six (6)-foot high masonry block wall shall
be constructed and maintained along the east property line, that a
minimum seven (7) foot high block wall shall be constructed along
the south property line, provided that written concurrence from
said southerly property shall first be furnished to the Planning
Department.
16. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the
minimum dimensions of each covered parking space shall be ten (10)
feet by twenty (20) feet, that the rear walls of all carports shall
be entirely solid and that the interior of said walls shall be
finished with exterior finish material. In addition, general
storage cabinets shall be provided for each apartment as required
by Anaheim Municipal Code Subsection 18.06.050.0127. Furthermore,
that the solid rear wall of the carports located adjacent to the
east property line shall be shifted approximately ten (10) feet to
continue the visual screening which already exists in the form of a
garage on Lot No. 53 of Tract No. 1356 (729 Hawthorne Street).
Said rear carport wall shall, therefore, provide additional visual
screening between Lot No. 53 and subject property.
17. That minimum 15 gallons trees, planted on minimum IS-foot
centers and with appropriate irrigation facilities, shall be
planted and maintained along the east and south property lines.
18. 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, 3, 4, 5, 6, 9, 12, 13, 15 and
17, 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.
19. That prior to final building and zoni'ng inspections,
Condition Nos. 5, 7, 8, 9, 11, 14, 15, 16 and 17, 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 the 15th d April, 1986.
ATTE~:
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~K OF THE CITY OF ANAHEIM
JWF:fm/5321M/060386 -4-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-147 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of April, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: Kaywood
ABSENT:
COUNCIL MEMBERS: OVerholt
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-147 on the 15th day of April, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of April, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
( S E...I\L)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing 1s the original of Resolution No. 86R-147 duly passed and
adopted by the Ana~eim City Council on April 15, 1986.
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CITY CLERK