1985-363RESOLUTION NO. 85R-363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3482.
WHEREAS, after a request for variance by ORVILLE B.
WOODS, owner, and MAGDY HANNA, 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.
3482 was granted covering the following described property:
ALL THAT PORTION OF LOT 1, ANAHEIM EXTENSION IN THE
CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF MADE BY
WILLIAM HAMEL AND ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT
1, SAID POINT BEING ON THE SOUTHERLY LINE OF EAST LA
PALMA AVENUE, (SOMETIMES CALLED EAST NORTH STREET) 60
FEET IN WIDTH, AND SAID POINT BEING DISTANT WESTERLY
ALONG SAID SOUTHERLY LINE 741.59 FEET FROM THE
NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT ALSO
BEING THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO
JOHN AND LORENE YODERS BY DEED RECORDED IN BOOK 1782,
PAGE 33, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID
LAND OF YODERS 188.10 FEET, MORE OR LESS, TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LAND
CONVEYED TO J. E. WALTER, ET AL., BY DEED RECORDED IN
BOOK 1514, PAGE 377, OFFICIAL RECORDS OF ORANGE
COUNTY, 71.80 FEET; THENCE NORTHWESTERLY PARALLEL WITH
SAID NORTHEASTERLY BOUNDARY OF YODERS, A DISTANCE OF
167.10 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF
SAID LA PALMA AVENUE; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE 74.51 FEET TO THE POINT OF BEGINNING.
ALL THAT PORTION OF THE RANCHO SAN JUAN CAJON DE SANTA
ANA, BEING A PORTION OF LOT 1 OF ANAHEIM EXTENSION, IN
THE CITY OF ANAHEIM, AS SAID LOT 1 IS SHOWN ON A MAP
OF SURVEYED MADE BY WILLIAM HAMEL AND ACKNOWLEDGED BY
ALFRED ROBINSON, TRUSTEE, ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT,
BEING ON THE SOUTH LINE OF LA PALMA AVENUE, DISTANT
THEREON 741.59 FEET WEST OF THE NORTHEAST CORNER OF
SAID LOT AND RUNNING THENCE WEST ALONG THE NORTH LINE
OF SAID LOT, 76.25 FEET; THENCE SOUTHERLY PARALLEL
WITH EASTERLY LINE OF SAID LOT, 209.41 FEET; THENCE
NORTH 73° 54' 25" EAST 73.4 FEET TO A LINE WHICH IS
PARALLEL WITH THE EASTERLY LINE OF SAID LOT THROUGH
THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
LAST MENTIONED PARALLEL LINE 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 3-story 26-unit apartment complex
on the property hereinbefore described with waivers of the
following section of the Anaheim Municipal Code:
SECTION 18.34.062.012 - Maximum structural height
(1 story within 150 feet of
a residential single-family
zone permitted; 2 stories
proposed 49, 6 and 126 feet
from single-family zoning
to the south, west and
north)
That said variance be granted subject to the following conditions:
1. 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.
2. That the existing curb and gutter shall be removed and
reconstructed at the ultimate location and 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 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.
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3. 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 issuance of building permits. The
above-required improvements shall be installed prior to occupancy.
4. 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.
5. 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.
6. 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.
7. 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.
8. That the driveway shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
9. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
10. That subject property shall be served by underground
utilities.
11. 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.
12. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
13. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
67-68-68, now pending.
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14. 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 within a
distance of sixty (60) feet from said public street right-of-way
shall be subject to the review and approval of the City Traffic
Engineer.
15. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures and ramp requirements.
16. That the basement level containing the covered parking
shall be located more than 50~ below the natural grade level of the
site as measured from the exterior walls of the building.
17. That a parcel map combining the three (3) existing
parcels into one (1) shall be submitted to the City of Anaheim and
then be recorded in the Office of the Orange County Recorder.
18. That the vehicular access rights to La Palma Avenue,
except at approved access points, shall be dedicated to the City of
Anaheim.
19. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the satisfaction of
the Chief of Police and the City Fire Marshal.
20. That prior to final street inspections, "No parking for
street sweeping" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with said division.
21. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
residential properties.
22. 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" and with
Noise Insulation Standards specified in the California
Administrative Code, Title 25.
23. That a six (6) foot high masonry block wall shall be
constructed and maintained along the south and west property lines.
...--.. 24. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 2 of Exhibit No. 1; provided, however,
that there shall be no windows or open stairways on the south side
of the project; and that the 25-foot wide landscaped setback area
adjacent to the southerly property line shall have minimum
15-gallon trees planted on 3-foot centers as approved by the
Planning Department Staff.
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25. 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, 7, 13, 15, 17, 18
and 22, 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.
26. That prior to final building and zoning inspections,
Condition Nos. 8, 9, 10, 12, 14, 16, 19, 21, 23 and 24,
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 13th day of gust, 1985.
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MAYOR OF THE C Y OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY O ANAHEIM
JLW:fm
4220M
091885
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CLERK
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-363 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of August, 1985, by the following vote of .the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-363 on the 13th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of August, 1985.
~/~
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-363 duly passed and
adopted by the Anaheim City Council on August 13, 1985.
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CITY CLERK