1985-302RESOLUTION NO. 85R-302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3452.
WHEREAS, after a request for variance by WILLIAM
RICHARD BAMATTRE, ET AL., 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. 3452 was
granted covering the following described property:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, TRACT NO.
3016, RECORDED IN BOOK 90, PAGES 26 AND 27 OF
MISCELLANEOUS MAPS, SAID CORNER ALSO BEING ON THE WEST
LINE OF FERN STREET 40 FEET WIDE AS SHOWN ON SAID
TRACT MAP: THENCE NORTH 0° 11' 11" EAST 141.95 FEET
ALONG SAID WEST LINE TO THE BEGINNING OF A CURVE,
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 13
FEET; THENCE NORTHERLY AND WESTERLY 20.47 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 11' S6";
THENCE SOUTH 89° 59' 15" WEST 48.25 FEET; THENCE
SOUTH 0° 11' 11" WEST 155.00 FEET PARALLEL WITH SAID
WEST LINE OF FERN STREET TO THE NORTH LINE OF SAID LOT
l; THENCE NORTH 89° 59' 15" EAST 61.33 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.
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 retain a second detached single-family
residence on the property hereinbefore described with waivers of
the following sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.011 - Minimum number and type of
18.06.080 parking spaces. (8 spaces
18.27.066.010 required; 4 enclosed in
AND 18.34.020.010 in garages and 4 open; 4
spaces existing; 2 enclosed
in a garage and 2 open)
SECTIONS 18.27.061.010 - Minimum building site area.
AND 18.34.020.010 (5000 sq. ft. per dwelling
unit required; 4661 sq. ft.
existing)
SECTIONS 18.27.062.030 - Minimum floor area. (1225
AND 18.34.020.010 sq. ft. required; 704 sq.
ft. existing)
SECTIONS 18.27.063.020 - Minimum side yard setback.
AND 18.34.020.010 - (5 ft. adjacent to the west
property line required; 4
ft. existing)
SECTIONS 18.27.063.030 - Minimum rear yard setback.
AND 18.34.020.010 - (5 ft. adjacent to south
property line required; 3
ft. existing)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
84-85-17, now pending.
2. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Ball Road and
Fern Avenue in an amount as determined by the City Council.
3. 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.
4. 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.
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5. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Ball Road and Fern
Avenue in an amount as determined by the City Council.
6. 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.
7. That due to the change in use and/or occupancy of the
building, plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
8. That the existing structure shall comply with the minimum
standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
9. That prior to issuance of building permits, the applicant
shall present evidence satisfactory to the Chief Building Inspector
that the converted structure is in conformance with Council Policy
Number 542 "Sound Attenuation in Residential Projects" and with
Noise Insulation Standards specified in the California
Administrative Code, Title 25.
10. 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.
11. That Condition Nos. 1 through 10, above-mentioned, Shall
be completed within a period of one-hundred twenty (120) days from
the date of this resolution.
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 9th day of July, 1985.
,...._
MAYOR OF THE CITY OF AHEIM
ATTES .
a.
CITY CLERK OF THE CITY OF ANAHEI
JLW:fm
3977M
072685
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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-302 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~'"
the 9th day of July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-302 on the 9th day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of July, 1985.
~`
CITY CLERK OF THE CITY OF ANA~iL M
(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-302 duly passed and
adopted by the Anaheim City Council on July 9, 1985.
CITY CLERK