90-370 RESOLUTION NO. 90R-370
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4068.
WHEREAS, after a request for variance 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. 4068 was granted covering the following described
property:
LOTS 21, 22, 23 AND 24 OF TRACT NO. 255, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP OF THE EAST
ANAHEIM SUBDIVISION, RECORDED IN BOOK 14, PAGE
25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE EASTERLY FIVE FEET FROM SAID
LOTS 21 THROUGH 24 AS CONVEYED TO THE CITY OF
ANAHEIM BY DOCUMENT RECORDED DECEMBER 2, 1953 IN
BOOK 2625 PAGE 343 OFFICIAL RECORDS AND IN BOOK 2625
PAGE 337 OF OFFICIAL RECORDS 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
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 16-unit, 2-story condominium complex
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTIONS 18.04.043.102 - Maximum fence height.
and 18.31.064.070 (6 feet permitted along rear property
line; 8 feet proposed
SECTIONS 18.06.050.0121- Minimum number of ~arkin~ spaces.
18.06.080 (56 required; 44 proposed)
and 18.31.066.010
That said variance be granted subject to the following conditions:
1. That street lighting facilities along Coffman Street shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the office of the
Utilities General Manager; or 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 issuance of a
building permit. The above-required improvements shall be
installed prior to occupancy.
2. That subject property shall be served by underground
utilities.
3. That the legal owner of subject property shall dedicate to the
City of Anaheim an easement five (5) feet in width along the
west property line for public utility purposes.
4. 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. Such information shall be specifically shown
on the plans submitted for building permits.
5. That the purchaser of each dwelling unit shall be provided
with written information concerning Anaheim Municipal Code
Section 14.32.500 "Parking Restricted to Facilitate Street
Sweeping." Such written information shall clearly specify
when on-street parking is prohibited and the penalty for
violation.
6. That clothes washer and dryer hookups shall be incorporated
into each condominium dwelling unit and shall be shown on the
plans submitted for building permits.
7. That an unsubordinated covenant shall be recorded with the
office of the Orange County Recorder agreeing to provide the
buyer of each dwelling unit with written information obtained
from the school district(s) pertaining to possible overcrowded
conditions and busing status of the school(s) serving the
dwelling unit. A copy of the covenant shall be submitted to
and approved by the City Attorney prior to recordation. A
copy of the recorded covenant shall be submitted to the Zoning
Division.
8. That this Variance is granted subject to the adoption of a
zoning ordinance in connection with Reclassification No. 87-
88-29 (for the southerly half of subject property), now
pending.
9. That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
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Anaheim in an amount as established by City Council
resolution.
10. That a tract map to record the division of subject property
shall be submitted to and approved by the city of Anaheim and
then be recorded in the office of the Orange County Recorder.
11. 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.
12. That drainage of subject property shall be disposed of in a
manner satisfactory to the city Engineer.
13. That all lockable pedestrian and vehicular access gates shall
be equipped with a "knox box" device if required by the Fire
and/or Police Departments.
14. That prior to issuance of a building permit, a landscaping
plan (including irrigation facilities) shall be submitted to
the Zoning Division for review and approval. The Zoning
Division's decision may be appealed to the Planning Commission
and/or City Council. Said landscaping shall be properly
maintained.
15. That prior to commencement of structural framing, fire
hydrants shall be installed and charged, as required and
approved by the City Fire Department.
16. That sidewalks shall be installed along Coffman Street as
required by the city Engineer and in accordance with standard
plans and specifications on file in the office of the city
Engineer.
17. That the developer shall construct a cul-de-sac, or other
street closure acceptable to the city Engineer, at the
westerly terminus of Cypress Street; or that security in the
form of a bond, certificate of deposit, letter of credit, or
cash, in an amount satisfactory to the City of Anaheim, shall
be posted with the city to guarantee satisfactory completion
of said improvements. Said security shall be posted with the
City prior to issuance of a building permit to guarantee
installation of the above-required improvements prior to
occupancy. If requested by the developer, a reimbursement
district may be established in connection with said
improvement for all future multiple-family zoned (RM-1200, RM-
2400 and RM-3000) developments which take access along Coffman
Street.
18. That the developer shall construct a new sanitary sewer in
Coffman Street in a manner acceptable to the City Engineer; or
that security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount satisfactory to the
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city of Anaheim, shall be posted with the city to guarantee
satisfactory completion of said improvement. Said security
shall be posted with the City prior to issuance of a building
permit to guarantee installation of the above-required
improvements prior to occupancy. If requested by the
developer, a reimbursement district may be established in
connection with said improvement for all future multiple-
family zoned (RM-1200, RM-2400 and RM-3000) developments which
will utilize the sewer in Coffman Street.
19. That the private street shall be developed in accordance with
Engineering Standard Detail No. 122 for private streets,
including installation of street name signs. Plans for the
private street lighting, as required by the standard detail,
shall be submitted to the Building Division for approval and
shall be included with the building plans prior to the
issuance of building permits. (Private streets are those
which provide primary access and/or circulation within the
project.)
20. That guest parking shall be clearly marked "guest parking
only" and shall be readily accessible to motorists from
contiguous streets and accessways.
21. 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. Such
information shall be specifically shown on the plans submitted
for building permits.
22. That all plumbing or other similar pipes and fixtures located
on the exterior of the building shall be fully screened by
architectural devices and/or appropriate building materials;
and, further, that such information shall be specifically
shown on the plans submitted for building permits.
23. That an eight (8) foot high masonry block wall shall be
constructed and maintained along the west property line. Said
block wall shall be planted and maintained with clinging vines
to eliminate graffiti opportunities.
24. That minimum fifteen (15) gallon trees, planted on maximum
fifteen (15) foot centers and having appropriate irrigation
facilities, shall be installed and maintained along the west
property line.
25. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
26. That the owner of subject property shall submit a letter
requesting termination of Variance Nos. 3737 (waiver of
maximum fence height on the southerly half of subject
property) and 3912 (waiver of maximum fence height on the
northerly half of subject property) to the Zoning Division.
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27. That prior to issuance of a building permit, a provision
requiring the garages to be used for automobile parking only
and not for storage purposes shall be included in the CC&R's
for Tract No. 13825 which created subject condominium
subdivision.
28. 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 Revision No. 1 of Exhibit No.
1, and Exhibit Nos. 2 through 3; provided, however, a minimum
of 44 parking spaces shall be provided.
29. 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, 3, 4, 6 through 10, 14, 17,
18, 19, 21, 22, 26 and 27, 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.
30. That prior to final building and zoning inspections, Condition
Nos. 1, 2, 11, 12, 13, 16, 20, 23, 24 and 28, above-mentioned,
shall be complied with.
31. 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 25th day of September,
1990.
ATTES~
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
R34V4068.179
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-370 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of September, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-370 on the 10th day of October, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of October, 1990.
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. 90R-370, duly passed and
adopted by the Anaheim City Council on September 25, 1990.
CITY CLERK OF THE CITY OF ANAHEIM