Loading...
1985-050RESOLUTION NO. 85R-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3441. WHEREAS, after a request for variance by CHARLES F. MASS and VIVIAN ELEENE MASS, owners, and CENTURY CAPITAL DEVELOPMENT CORPORATION, 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. 3441 was granted, in part, covering the following described property: THAT PORTION OF "DREYFUL AND OTHERS" LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF "ANAHEIM EXTENSION" AS SURVEYED BY WILLIAM HAMEL, DECEMBER 11, 1868 AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY THEREOF BEING RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, IN BOOK 3, PAGES 163 AND 164 OF "LOS ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 19 OF TRACT NO. 1681, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 125, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND RUNNING THENCE SOUTH 15° 24' 03" EAST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID TRACT NO. 1681, 106.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 85 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 21° 02' 22" AN ARC DISTANCE OF 31.21 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 65 FEET; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH AN ANGLE OF 21° 02' 22" A DISTANCE OF 23.87 FEET, TO A LINE TANGENT; THENCE SOUTH 15° 24' 03" EAST, 50 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF LOT 17 OF SAID TRACT NO. 1681; THENCE SOUTH 74° 27' 57" WEST, ALONG THE WESTERLY EXTENSION THEREOF, AND ALONG THE NORTHWESTERLY LINE OF LOT 16 OF SAID TRACT NO. 1681, 127.91 FEET TO THE EASTERLY LINE OF LOT 5 OF THE WEIGHT FREEMAN AND MC CLOUGHAN SUBDIVISION, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 15° 55' 00" WEST, ALONG SAID EASTERLY LINE, 210 FEET TO THE SOUTHERLY LINE OF SOUTH STREET, AS SAID STREET IS SHOWN ON THE MAP OF SAID TRACT NO. 1681; THENCE NORTH 74° 27' 57" EAST, ALONG SAID SOUTHERLY LINE, 120.07 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. 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 permitting a 21-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTION 18.04.043.050 - Permitted AND 18.34.064.020 encroachment into side yards. none permitted; 10 to 14 feet deep balconies and exterior stairways proposed) (B) SECTION 18.34.062.020 - Maximum site coverage. (55$ permitted; 68~ proposed) (C) SECTION 18.34.062.032 - Maximum number of bachelor units. (5 permitted; 6 proposed) (D) SECTION 18.34.063.012 - Minimum front landscaped setback. 15 feet required; parking spaces at 0 to 15 feet proposed) (E) SECTION 18.34.063.021 - Minimum structural setback. (19 feet req euireuir d from east property line; 3 to 19_ feet proposedT- That said variance be granted subject to the following conditions: -2- 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along South Street for street widening purposes. 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 proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures. 5. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That street lighting facilities along South 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 issuance of building permits. The above-required improvements shall be installed prior to occupancy. 11. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along South Street and Dakota Street in an amount as determined by the City Council. -3- 12. That a perpetual easement agreement with the owner of the property to the east, providing for circulation of trash trucks from one parcel to the other and providing for vehicular access over said property, shall be submitted to the Planning Department and then be transmitted to the City Attorney's Office for review and approval. The approved agreement shall then be filed and recorded in the Office of the Orange County Recorder. 13. That gates shall not be installed across any driveway 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. 14. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Chief of Police and City Fire Chief. 15. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 16. 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. 17. 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". 18. That a 6-foot high masonry block wall shall be constructed and maintained along the west property lines 19. That the owner of subject property shall submit a letter requesting termination of Variance No. 1948-24 to the Planning Department. 20. 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. -4- 21. 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, 10, 11, 12, 16, 17 and 19, 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. 22. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, 9, 13, 14, 15, 18 and 20, 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 29th day of January, 1985. /~ ~M'~~ MAYOR OF THE CITY OF ANAHEIM ATTEST: .~ ~~ CITY CLERK OF THE CITY OF ANAHEIM 2447U -5- 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. 85R-50 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on .~,~, the 29th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-50 on the 29th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of January, 1985. CIT CLERK OF THE CITY OF ANAHEIM lS~) I, LEONORA N. SOHI:, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-50 duly passed and adopted b,~ the Anaheim City Council on January 29, 1985. CITY CLERK ~"~,~.