88-153 RESOLUTION NO. 88R-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAMEIM GRANTING VARIANCE NO. 5741.
WHEREAS, after a request for variance by VIVIAN IDA
PAULSON & MILDREN M. MOORE, 2517 Hiway 35, Valley Park Manasquan,
New Jersey 08736, owners, and JEROME R. DRUKIN, 1425 E. Lincoln
Avenue, Suite Q, Anaheim, CA 92805, 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. 3741 was granted covering the following described
property:
PARCEL 1:
THE EAST 145.50 FEET OF LOT 26 OF TRACT NO. 403 IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 11,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2:
THE EAST 145.50 FEET OF LOT 25 TRACT NO. 403 IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 11,
MISCELLANEOUS MAPS, 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 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 ten percent (10%) of the housing development for
lower income households as defined in Section 50079.5 of the Health
and Safety Code.
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 2-story, 6-unit affordable
apartment project on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
(A) SECTIONS
AND
18.040.043.101-Maximum fence height.
18.32.064.070 (6 ft. permitted;
8 ft. proposed)
(B) SECTION 18.32.061.010
-Minimum buildin~ site area
per dwelling unit.
(2400 sq. ft. per dwelling unit
required; 2192 proposed)
(C) SECTION 18.32.062.012
-Maximum structural height.
(1 story within 150 feet of a
single-family zone permitted; 2
stories within 5 feet of -
single-family zone proposed)
That 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. 87-88-34, now pending.
2. That drainage of the subject property shall be to Harding
Drive and not to the alley.
o
That in the event a parcel map is not recorded combining
the two 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.
o
That as required by the City Traffic Engineer, all
garages having garage doors shall be equipped with rollup
doors.
That the property shall be served by the City of Anaheim
Water Department, and an adequate water line as approved
by the Water Utility Division shall be installed; and
that prior to rendering of water service the appropriate
fees due for primary, secondary and fire protection shall
be paid to the Water Utility Division by the
owner/developer in accordance with Rules iSA and 20 of
the Water Utility Rates, Rules and Regulations.
-2-
10.
11.
12.
15.
14.
15.
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. Fire flow shall be 2500 gallons per minute
as required by the City Fire Department.
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 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 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 Engineering 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
in accordance with approved plans on file with
Maintenance and Sanitation Division.
maintained
the Street
That ali 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 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.
That a six (6)-foot high masonry block wail shall be
constructed and maintained along the south property line
excepting the front setback where the wail height shall
not exceed three (5) feet; and an eight (8) foot high
masonry block wall shall be constructed and maintained
along the north property line abutting the public alley.
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 ten percent (10%) of the permitted number
-5-
of residential units shall be rented to lower income
households as defined in Health and Safety Code Section
S0079.S 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.
16.
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.
17.
That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
Condition Nos. 1, 3, 8, 9, 10, 15, 14 and IS,
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.
18.
That prior to final building and zoning inspections,
Condition Nos. 2, 4, 7, 11, 12 & 16, 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 12th day of April, 1988.
MAYOR OF THE CITY OF ANAHEIM
ATTESTs.,
CITY CLERK OF THE CITY OF ANAHEIM
JLW/jd
2411L
041488
-4-
CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
SS.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-
153 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, 1988, by
the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES:
C00NCiL MEMBERS: Kaywood and Pickler
ABSF~T: COUNCIL MEMBERS: None
~qD I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-153 on the l~th day of April, 1988.
IN WITNESS WHEF. EOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of April, 1988.
CiTY CLERK OF THE C±TY OF ANAHEr~
(SEA~)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the £oregoing is the original of Resolution No. 88R-153 duly passed and
adopted by the Anaheim City Council on April 12, 1988.
CITY CLERK OF THE CITY OF ANBJ{EIM