88-121RESOLUTION NO. 88R-121
A RESOLUTION OE THE
OF ANAHEIM GRANTING
PART.
CITY COUNCIL OF THE CITY
VARIANCE NO. 3742, IN
WHEREAS, after a request for variance by EDWARD &
MARGARET M. SAUBAN, 106 N. Teri Circle, Anaheim, CA 92804,
WALTER J. & DARLENE F. PETERS, 107 N. Teri Circle, Anaheim, CA
92804, RALPH L. & KATHRYN L. BRADEN, 110 N. Teri Circle, Anaheim,
CA 92804, HOMER D. & PATRiCIA GRIFFIS, 111 N. Teri Circle,
Anaheim, CA 92804, JOHN & GEORGENE HARDAWAY, 112 N. Teri Circle,
Anaheim, CA 92804, JIM & VIRGINIA LEE SAUB, 113 N. Teri Circle,
Anaheim, CA 92804, owners, and MAGDY HANNA, 4000 MacArthur
Blvd., #680, Newport Beach, CA 92660, 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. 3742 was denied covering the following described
property:
LOT 11 OF TRACT NO. 2780, AS SHOWN ON A MAP RECORDED
IN BOOR 89, PAGES 11 AND 12 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY CALIFORNIA.
LOT 12 OF TRACT NO. 2780.
IN BOOK 89, PAGES 11 AND
RECORDS OF ORANGE COUNTY
LOT 13 OF TRACT NO. 2780.
IN BOOK 89, PAGES 11 AND
RECORDS OF ORANGE COUNTY
LOT 14 OE TRACT NO. 2780,
IN BOOK 89, PAGES 11 AND
RECORDS OF ORANGE COUNTY
LO?' 1S OE TRACT NO. 2780
IN BOOK 89, PAGES 11 AND
RECORDS OF ORANGE COUNTY
LO?' 16 OF TRACT NO. 2780.
IN BOOK 89, PAGES 11 AND
RECORDS OF ORANGE COUNTY
WHEREAS, thereafter
AS SHOWN ON A MAP RECORDED
12 OF MISCELLANEOUS MAPS,
CALIFORNIA.
AS SHOWN ON A MAP RECORDED
12 OF MISCELLANEOUS MAPS,
CALIFORNIA.
AS SHOWN ON A MAP RECORDED
12 OF MISCELLANEOUS MAPS,
CALIFORNIA.
AS SHOWN ON A MAP RECORDED
12 OF MISCELLANEOUS MAPS,
CALIFORNIA.
AS SHOWN ON A MAP RECORDED
12 OF MISCELLANEOUS MAPS,
CALIFORNIA; and
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 v~cinity.
NON, 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 05-unit, 1,2, and 3 story
apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code
SECTIONS 18.34.062.011 -Maximum structural height.
AND 18.34.062.012 (~ within 150-£eet of stngle
family residential zone & 2
stories otherwise permitte~; 2
an~ 3 stories proposed at 54 ~nd
and 91 feet)
SECTION 18.34.062.020 -Maximum site coverage.
(55% permitted 73% proposed)
2'hat said variance be granted subject to the following conditions:
That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 87-88-35, now pending.
That the driveway shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
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. If additional fire hydrants are required,
those hydrants shall be connected to the 10-inch water
main on Lincoln Avenue.
That any on-site service for the fire protection system
shall be connected to the 10-inch water main on Lincoln
Avenue.
That fire sprinklers shall be installed as required by
the City Fire Marshall.
That gates shall not be installed across the driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gates
shall conform to Engineering Standard Plan No. 402 and
shall be subject to the review and approval of the City
Traffic Engineer.
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11.
12.
13.
14.
15.
10.
17.
That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-B pertaining to
standard details for parking structures and ramp
requirements.
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 tile
City Council.
That subject property shall be served by underground
utilities.
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.
That the vehicular access rights
at approved access points, shall
of Anaheim.
to Lincoln Avenue except
be dedicated to the City
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
That if required by the Fire and Police Department, 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 Marshall.
That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
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.
That prior to issuance of a building permit, the
applicant shall present evidence satisfactory to the
Building Division that the proposed project is ill
conformance with Council Policy Number 542 "Sound
Attenuation in Residential Projects" and with Noise
Insulation Standards specified in the California
Administrative Code, Title 2S.
That a six (6)-foot high masonry block wall shall be
constructed and maintained along the north, t~.e east and
west property lines excepting the front setback where the
wall height shall be three (3) feet.
-3-
18.
That prior to issuance of a building permit, the legal
owner of subject property shall enter into a recorded
agreement with the City of Anaheim pursuant to Government
Code Section 65915 to provide that ten percent (10%) of
the permitted number of residential units shall be rented
as very Iow income housing as defined in Government Code
Section 65915 and with appropriate rental controls as
approved by the City of Anaheim for a period of not less
than twenty (20) years from the date of issuance of
occupancy permits.
19.
That prior to issuance of a building permit, appropriate
easements for electrical utilities purposes shall be
provided as required by the Electrical Engineering
Division.
20.
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 Nos. 1
through 5.
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, 7, 8, 10, 11,
16, 17, 18, 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. 2, 4, 5, 9, 12, 15, 14, 15 and 20,
above-mentioned, shall be complied with.
23.
That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with tile 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 bereinabove set forth. Should any
such condition, or airy part thereof, be declared invalid or
unenforceable by tile 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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City
Tt4h FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 15th day of March, 1988.
MAYOR OF THE CITY OW' ANAHEIM
ATTEST:
CITY CLERK OF THE-CITY OF ANAHEIM
3LW/jd
2559L
031888
-5-
CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ~JqAHEIM
ss.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
t~e foregoing Resolution No. 88R-121 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of March, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickier and Bay
NOES:
COUNCIL MEMBERS: Hunter and Kaywood
ABSENT: COUNCIL MEMBERS: None
AND i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-121 on the 25th day of March, 1988.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of March, 1988.
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. 88R-121 duly passed amd
adopted by the Anaheim City Council on March 15, 1988.
CITY CLERK OF THE ~CITY OF ANAHEIM