88-143 RESOLUTION NO. 88R-143
A RESOLUTION OF THE CITY COUNCIL OF THE
OF ANAHEIM GRANTING VARIANCE NO. 3746
(REHEARING).
CITY
WHEREAS, after a request for variance by ANGELO
BRUTOCAO, ET. AL., 2240 W. Lincoln Avenue, Anaheim, California
92801, owner, and HUGO A. VAZQUEZ, 2240 W. Lincoln Avenue,
Anaheim, California 92801, 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. 3746
was granted covering the following described property:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 8 WITH THE SOUTHERLY PROLONGATION OF THE
CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS
DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF
ANAHEIM, RECORDED NOVEMBER 1, 1957 iN BOOK 4089 PAGE
397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE
NORTH 0 DEG. 02' 24" WEST 835.43 FEE]' ALONG SAID
SOUTHERLY PROLONGATION INTERSECTION OF SAID CENTER
LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY
LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK 50
PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89
DEG. 37' 14" WEST 351.68 FEET PARALLEL WITH SAID
NORTHERLY LINE TO THE EASTERLY LINE OF SAID TRACT NO.
1775; THENCE SOUTH 1 DEG. 16' 54" EAST 835.16 FEE1
ALONG SAID EASTERLY LINE TO SAID SOUTH LINE OF SAID
SECTION; THENCE SOUTH 89 DEG. 31' 00" EAST 333.59 FEET
ALONG SAID SOUTH LINE 1'O THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS
1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION,
SUPER10R COURT CASE NO. 70691, A CERTIFIED COPY OF
WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE
85 OF SAID OFFICIAL RECORDS; 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 did adopt its Resolution No. 88R-73 denying Variance
No. 3746; and
WHEREAS, thereafter within the time provided by law, the
City Council did receive an application for rehearing upon said
determination which application for rehearing was subsequently
granted by the City Council; and
WHEREAS, the City Council did duly hold and conduct such
rehearing and did give all persons interested therein an
opportunity to be heard, and as a result thereof the City Council
does hereby make the following findings:
1. That there are special circumstances applicable
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
zoning classification in the vicinity.
to the
identical
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 184-unit, 38-foot high, 2 to
4-story "affordable" apartment complex on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
(A) SECTIONS 18.04.043.102 -
AND 18.34.068.021
Maximum fence height.
(6 ft. permitted; 8 ft. proposed)
(B) SECTIONS 18.34.062.011 -
AND 18.34.062.012
Maximum structural height.
(1 story within 150 ft. of single
family residential zone & 2 stories
otherwise permitted; 2 to 4 stories
proposed at 72 ft.).
(C) SECTION 18.34.065.01
Minimum distance between buildings.
(45 ft. required; 30 ft. proposed,
43 ft. required; 20 ft. proposed,
4-~. required; ~-0-~. proposed,
& 46 ft. required; 20 ft.
proposed)
That said variance be granted subject to the following conditions:
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 a modified cul-de-sac shall be provided at the
terminus of Diane Way as required by the City Engineer.
That sidewalks and driveways shall be repaired along
Lincoln Avenue and Muller Street as required by the City
Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
-2-
o
10.
11.
12.
13.
14.
15.
16.
That prior to issuance of a building permit, the City
Traffic Engineer shall review and approve the location
sheer walls located in the parking garage in order to
ensure vehicular/pedestrian visibility.
That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and determined to be necessary by the Chief of the Fire
Department.
That as required by the City Traffic Engineer, both
parking spaces in a tandem design configuration shall be
assigned to the same apartment unit.
That prior to issuance of a building permit, 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 15A and 20
of the Water Utility Rates, Rules and Regulations.
That gates shall not be installed across any 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.
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 all driveways shall be constructed with ten (10)
foot radius curb returns as required by the City
Engineer. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
That subject property shall be served by underground
utilities.
That if required by the Fire and Police Departments, ail
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 fire sprinklers shall be installed as required by
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.
-3-
17.
18.
19.
20.
21.
22.
23.
24.
25.
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 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 an eight (8)-foot high masonry block wail shall be
constructed and maintained along the west property line.
That any proposed parking area lighting fixtures adjacent
to any residential property shall be down-lighted with a
maximum height of 12 feet. Said lighting fixtures shall
be directed away from adjacent residential property lines
to protect the residential integrity of the area.
That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the
City of Anaheim to provide that ten percent (10%) of the
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.
That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 87-88-24, now pending.
That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 572
to the Zoning Division.
That subject property shall be developed
accordance with plans and specifications
City of Anaheim marked Revision No. 5 of
through 7.
substantially in
on file with the
Exhibit Nos. 1
That prior to issuance of a building permit, the
developer shall post a bond or other security acceptable
to the City of Anaheim to guarantee the construction of a
traffic signal at the intersection of Aladdin Drive and
Lincoln Avenue, as approved by the City Traffic
Engineer. Construction of the traffic signal shall be
completed prior to final building and zoning inspections.
-4-
26.
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, 5, 8, 10,
18, 21, 22, 23 and 25, 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.
27.
That prior to final building and zoning inspections,
Condition Nos. 3, 4, 11, 12, 13, 14, 15, 16, 17, 19,
24 and 25, above-mentioned, shall be complied with.
20,
28.
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.
Tt-iE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this S-ch day of April, 1988.
blAYO~ ~-~ T~-~- ~IT~ OF ~NAHEIM
ATTEST:
C!T5 CLERK OF THE CITY OF ANAHEIM
JLW/jd
2399L
041188
CLERK
STATE OF CALIFOrnIA
COUNTY OF ORANGE
CITY OF ANAHEIM
ss.
I, LEONORA N..SOHL, City Cler~ of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-143 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of April, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES:
COUNCIL MEMBERS: Pickler and Daywood
ABSENT: COUNCIL MEMBERS: None
AND i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-14B on the 13tn day of April, 1988.
IN WITNESS WHER~EOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1Bth day of April, 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-143 duly passed and
adopted by the Anaheim City Council on April 5, 1988.
THE CITY OE AN~kME±M