1985-091RESOLUTION NO. $5R-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3453.
WHEREAS, after a request for variance by ARTHUR
STAHOVICH and MARJORIE STAHOVICH, owners, 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.
3453 was granted covering the following described property:
LOT 23 OF TRACK NO. 743, BEING A SUBDIVISION OF A
PORTION OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN
(15), TOWNSHIP FOUR (4) SOUTH, RANGE ELEVEN (11) WEST,
S.B.B. & M., ORANGE COUNTY, CALIFORNIA, RECORDED IN
BOOK 22, PAGE 10, OFFICIAL MAPS OF ORANGE OUNTY,
CALIFORNIA; 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 an 8-unit apartment complex on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.32.062.012 Maximum structural height.
(1-story within 150 ft. of
single-family residential
zoning permitted; 2
stories proposed at 45 ft.)
That said variance be granted subject to the following conditions:
1. 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.
2. That all engineering requirements of the City of Anaheim
along Savanna Street, including preparation of improvement plans
and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and 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 issuance of building
permits, to guarantee the installation of the above-required
improvements prior to occupancy.
3. That street lighting facilities along Savanna 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.
4. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
5. 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 street. Installation of any gates
within a distance of forty (40) feet from said public street
right-of-way shall be subject to the review and approval of the
City Traffic Engineer.
6. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
7. 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.
8. That subject property shall be served by underground
utilities.
9. 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.
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10. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer. This shall include
construction of a storm drain from the westerly terminus of
Savanna Street to the Flood Control Channel. 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 storm drain. Said security shall be posted with the City
prior to issuance of building permits to guarantee installation of
the storm drain prior to occupancy. A reimbursement agreement
shall be made available to the developer by the City if requested.
11. That a 6-foot high masonry block wall shall be
constructed and maintained along the northerly, easterly and
westerly property lines.
12. 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.
13. That this Variance is granted subject to the completion
of Reclassification No. 84-85-18, now pending.
14. 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.
15. That the owner(s) of subject property shall pay to the
City of Anaheim, a fee for tree planting purposes along Savanna
Street in an amount as determined by City Council.
16. That prior to issuance of a building permit, the
property owner(s) shall pay the City of Anaheim for the
re-stripping of Knott Street to establish a left-turn lane in said
street in accordance with the requirements of the City Traffic
Engineer.
17. 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, 9, 10, 12, 13 and 15,
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.
18. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 6, 8, 11 and 14, 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of February,
1985.
~.~.. /~t 4'Z~
MAYOR OF THE CITY O ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
3299M
031385
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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-91 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of February, 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-91 on the 19th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of February, 1985.
7iuK ~
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. 85R-91 duly passed and adopted
by the Anaheim City Council on February 19, 1985.
C Y LERK