88-154 RESOLUTION NO. 88R-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3755.
WHEREAS, after a request for variance by LOUIS L.
NEUMAN & ALICE I. NEUMAN, 525 N. Citron, Anaheim, CA 92805,
owners, and MOItAMMAD SHASHAANI, 9 Coventry, 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. 3755 was granted covering
the following described property:
PARCEL 1:
LOTS 12, 14, 15, 16 AND 17 IN BLOCK 4 OF SUMMERFIELD
AND OPPENHEIMER'S SUBDIVISION OF THE SPOERL TRACT, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
PARCEL 2:
LOTS 18, 19, 20 AND 21 IN BLOCK 4 OF SUMMERFIELD AND
OPPENHEIMER'S SUBDIVISION OF THE SPOERL TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
EXCEPTING FROM SAID LOT 19, THE SOUTH 20 FEET AS
CONDEMNED TO THE USE OF THE CITY OF ANAHEIM FOR
WIDENING OF LINCOLN AVENUE, AS SET OUT IN THE DECREE
OF CONDEMNATION IN CASE NO. 26729 OF THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY
OF ORANGE, A CERTIFIED COPY OF WHICH DECREE WAS
RECORDED JULY 2, 1931 IN BOOK 487, PAGE 428 OF
OFFICIAL RECORDS, AND AS RECITED IN THE DEED FROM DAN
W. LUTHER AND OTHERS TO ARTHUR HERBERT SHIPKEY AND
OTHERS, RECORDED NOVEMBER 17, 1955 IN BOOK 3286 PAGE
262 OF OFFICIAL RECORDS.
PARCEL 3:
LOTS 22, 23, 24 AND 25 IN BLOCK 4 OF SUMMERFIELD AND
OPPENHEIMER'S SUBDIVISION OF THE SPOERL TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM LOTS 22 AND 23 THAT PORTION
THEREOF LYING WITHIN LINCOLN AVENUE; 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.
3. 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 low or moderate income or
ten percent (10%) of the housing development for lower income
households as defined in Sections 50079.5 and 50093 of the Health
and Safety Code; and
4. 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 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 permitting a 3-story, 16-unit, affordable
apartment project on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
(A) SECTION 18.34.061.010
Minimum building site area per
dwelling unit.
1,200 square feet required;
1,153 square feet proposed)
(B) SECTION 18.34.062.011
Maximum structural height.
(2 stories permitted; 3 stories
proposed)
That said variance be granted subject to the following conditions:
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.
That the owner of subject property shall dedicate to the City
of Anaheim a strip of land ten (10) feet in width from the
centerline of the alley for alley widening purposes.
-2-
10.
That ail engineering requirements of the City of Anaheim along
the alley, including preparation of improvement plans and
installation of ail improvements such as water facilities,
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 a building permit,
to guarantee the installation of the above-required
improvements prior to occupancy.
That sidewalks shall be removed and/or reconstructed along
Diamond Street as required by the City Engineer and in
accordance with standard plans and specifications on file
the Office of the City Engineer.
in
That the existing driveway on West Street shall be removed
replaced with a standard curb, gutter, sidewalk and
landscaping.
and
That in the event a parcel map is not recorded combining the
five existing lots, the property owner/developer shall furnish
the Zoning Division with a copy of a recorded covenant and
agreement in a form approved by the City Attorney agreeing to
hold subject property as one parcel.
That street lighting facilities along Diamond 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 a
building permit. The above-required improvements shall be
installed prior to occupancy.
That subject property shall be served by underground utilities.
That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public streets or alley. 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.
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.
-5-
11.
12.
13.
14.
15.
16.
17.
18.
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 the owner of subject property shall pay to the City of
Anaheim a fee for street lighting along West Street in an
amount as determined by the City Council.
That the owner of subject property shall pay to the City of
Anaheim a fee for tree planting purposes along Diamond and
West Streets in an amount as determined by the City Council.
That the owner of subject property shall dedicate to the City
of Anaheim a strip of land five (5) feet in width along the
south property line (excepting that portion of the alley
abutting the north side of the public alley) for electrical
utility purposes (overhead electrical lines) as required by
the Electrical Engineering Department.
That prior to issuance of a building permit, the 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 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.
That prior to issuance of a building permit, the developer
shall enter into a recorded agreement with the City of Anaheim
pursuant to Government Code Section 65915 to provide that
twenty-five percent (25%) of the permitted number of
residential units shall be rented to low or moderate income
families or ten percent (10%) of the units shall be rented to
lower income households as defined in Health and Safety Code
Sections 50079.5 and 50095 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.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
of Anaheim marked Exhibit Nos. 1 and 2.
City
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, 6, 7, 10, 11, 12, 13,
14, 15 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.
-4-
19.
That prior to final building and zoning inspections,
Condition Nos. 5, 4, S, 7, 8 and 17, above-mentioned,
shall be complied with.
20.
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 ail 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
City Council of the
RESOLUTION is approved and adopted by the
City of Anaheim this,12th da~ of April, 1988.
MAYOR~i~T~HE~i~Ty~L 7 ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW/jd
2412L
041288
-5-
CLEKK
STATE OF CAJ~IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL,
City Clerk of the City of Anaheim, do hereby certify that
t~e foregoing Resolution No. 88R-154 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of April, 1~88, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
AND i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-154 on the 18th day of April, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of April, 1988.
CITY CLEP~K OF THE CITY OF ANAHEIM
±, LEONOPJ~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-154 duly passed and
adopted by the Anaheim City Council on April 12, 1988.
CiTY CLERK OF THE CITY OF ANAHEIM