RES-1989-026 RESOLUTION NO. 89R-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3875, IN
PART.
WHEREAS, after a request for variance by RICHARD L.
PIERCE, 14771 Plaza Drive, Suite "G", Tustin, CA 92680, owner,,
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. 5875 was granted, in part, covering the
following described property:
LOT 32, BLOCK E OF THE LORELEI TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 29, PAGE 24 OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER 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 the developer of said property has agreed to
construct at least twenty-five percent (25%) of the housing
development for persons and families of iow or moderate income as
defined in Section 50093 of the Health and Safety Code; and
2. For the aforesaid reason, Section 65915 of the Government
Code authorizes the City to grant to developer a density bonus
consisting of a density increase of at least twenty-five percent
(25%) over the otherwise maximum allowable residential density
under the applicable zoning ordinance and land use element of the
general plan.
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, in part, permitting a 2-story, 4-unit
"affordable" apartment project on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.32.061.010
Minimum building site area
per dwellin§ unit
.
[Z,400 sq. ~t. required;
1,525 sq. ft. proposed)
That said variance be granted subject to the following conditions:
.
That street lighting facilities along Bush Street shall
be installed as required by the Utilities General Manager
in accordance with specifications on file in the Office
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of 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.
That subject property shall be served by underground
utilities.
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 City
Council resolution.
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 City
Council.
That a fee shall be paid to the City of Anaheim for tree
planting along Bush Street in an amount as determined by
City Council resolution·
That the legal owner of subject property shall acquire a
recorded covenant granting an access easement from the
legal owner of the property located immediately south of
subject property for ingress and egress purposes to
subject property. Said easement shall be designed in a
manner satisfactory to the City Traffic Engineer and said
covenant shall be in a form satisfactory to the City
Attorney. A copy of the recorded covenant shall be
submitted to the Zoning Division.
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.
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.
That prior to issuance of a building permit, the legal
property owner shall prepare and record an unsubordinated
covenant limiting occupancy of each apartment unit to no
more than two (2) persons (other than children under the
age of two (2) years) per bedroom· Said limitation shall
be included in each lease/rental agreement. A copy of
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the covenant shall be submitted to and approved by the
City Attorney prior to recordation. A copy of the
recorded covenant shall be furnished to the Zoning
Division.
10. That a covenant shall be recorded agreeing to provide the
renter 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.
11. That sidewalks and curbs shall be repaired along Bush
Street as required by the City Engineer and in accordance
with standard plans and specifications on file in the
Office of the City Engineer.
12. That a fire flow test of the water system to determine
adequate water pressure shall be conducted to the
satisfaction of the City Water Engineering Division.
13. That, if required by the Fire Department and Police
Department, all lockable pedestrian and vehicular access
gates shall be equipped with a "knox box" device to the
satisfaction of th City Fire Department and the City
Police Department.
14. 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.
15. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 1 of Exhibit Nos. 1
through 3.
16. That prior to issuance of a building permit, the legal
property owner shall enter into a recorded agreement with
the City of Anaheim pursuant to California Government
Code Section 65915 to provide that at least one of the
four permitted residential units shall be rented as low
or moderate or very low income housing appropriate rental
controls as approved by the City of Anaheim for a period
of not less than thirty (30) years from the date of
issuance of occupancy permits.
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, 3, 4, 5, 6, 7,
9, 10, 12 and 16, 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.
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18. That prior to final building and zoning inspections,
Condition Nos. 1, 2, 8, 11, 13, 14, 15, above-mentioned,
shall be complied with.
19. 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 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 31st day of January, 1989.
I~YO1R OF THL~--~ITY 0 A~
ATTEST:
C F THE CITY OF ANAHEIM
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2920L
020689
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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. 89R-26 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of January, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Pickler and Hunter
NOES:
COUNCIL MEMBERS: Daly and Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-26 on the 7th day of February, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 7th day of February, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONOP_R N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-26 duly passed and adopted
by the Anaheim City Council on January 31, 1989.
CITY CLERK OF THE CITY OF ANAHEIm-