88-387 RESOLUTION N0. 88R-387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE N0. 3794.
WHEREAS, after a request for variance by JOSEPH J.
MAKABI, JALEH J. MAKABI, et al, 3333, 3335 and 3335-1/2 W. Ball
Road, Anaheim, CA 92803, owner, and Magdy Hanna, 4000 MacArthur
Boulevard, #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. 3794 was granted covering the following described
property:
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 14, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS
SHUWN ON A MAP RECORDED IN BOOK 51, PAGE 11,
MISCELLANEOUS MAPS, RECORUS OF SAID COUNTY, UESCRIBEU
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 14, BEING THE CENTER LINE
INTERSECTION OF BALL ROAU (60.00 FEET WIDE) AND
WESTERN AVENUE (40.00 FEET WIDE); THENCE SUUTH 89°
37' 25" WEST 1326.33 FEET ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER OF SECTION 14 TO THE 1RUE POINT' OF
BEGINNING: THENCE NORTH 0� 15' 13" WEST 375.00 FEET:
THENCE SUUTH 89� 37' 25" WEST 100.00 FEET: THENCE
SOUTH 0° 14' 48" EAST 375.00 FEET TO THE SAID SOUTH
LINE OF THE SUUTHWEST' QUARTER OF SECTION 14; THENCE
ALONG SAID SOUTH LINE NORTH 89� 37' 25" EAST 100.04
FEET T4 THE TRUE POINT OF BEGINNING; 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 (l00) of the housing development for
persons and families of low income as defined in Section 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
.M consisting of a density increase over the othewise 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 1- and 2-story, 12-unit
"affordable" condominium complex on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.31.061.010 - Minimum building site area
er dwellin unit.
3000 square feet required;
2684 square feet proposed)
SECTIONS 18.31.062.012 - Maximum structural hei ht.
and 18.31.062.013 1 story permitted within 50
to 150 feet of single family
residential zoning;
2 stories proposed 10 feet
from RS-A-43,000 zoning and
20 to 50 feet from RS-7200
zoning)
SECTIUN 18.31.063.024 - Minimum structural setback
a utting a single- amily
residential zone.
20 feet fully landscaped
required; 3 feet proposed
adjacent to RS-7200 zoning
and 10 to 12 feet proposed
adjacent to RS-A-43,000
zoning)
SECTION 18.31.063.030 - Minimum recreational/leisure
area.
1000 square feet per unit
required;
6b5 square feet proposed)
That said variance be granted subject to the following
conditions:
l. 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.
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2. That sidewalks shall be repaired along Ball Road as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
3. That the existing driveways on Ball Road shall be removed
and replaced with standard curb and gutter, sidewalk and
landscaping.
4. That the driveway on Ball Road 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.
5. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 87-88-50, now pending.
6. That prior to issuance of a building permit the
appropriate fees due for primary mains, and fire
protection service shall be paid to the Water Utility
llivision in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
7. That fire sprinklers shall be installed in the garages
and the dwelling units as required by the City Fire
Department.
8. That subject property shall be served by underground
utilities.
9. 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 the Engineering Division's Standard Plan
No. 402 and shall be subject to the review and approval
of the City Traffic Engineer.
10. That a parking plan indicating compliance with City
parking design standards shall be submitted to and
approved by the City Traffic Engineer.
11. That all private streets shall be developed in accordance
with the Engineering llivision's Standard Detail No. 122
for private streets, including installation of street
name signs. Plans for the private street lighting, as
= required by the standard detail, shall be submitted to
the Building Division for approval and included with the
building plans prior to the issuance of building
permits. (Private streets are those which provide
primary access and/or circulation within the project).
12. That prior to any occupancy, temporary street name signs
shall be installed if permanent street name signs have
not been installed.
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13. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
14. That a tract map to record the division of subject
project shall be submitted to and approved by the City of
Anaheim and then be recorded in the Office of the Orange
County Recorder.
15. 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 City Fire Department and the City Police Department.
16. 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.
17. 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.
18. That prior to issuance of a building permit, evidence
shall be presented 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.
19. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the north, east and west
property lines excepting the front setbacks where the
wall height shall not exceed three (3) feet.
20. 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 Government Code Section
65915 to provide that ten percent (l00) of the permitted
number of residential units shall be sold as very low
income housing as defined in Government Code Section
65915 and with appropriate resale 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.
21. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation
llivision and in accordance with specifications on file
with said division.
22. That the purchaser of each residential dwelling unit
shall be provided with written information concerning
Anaheim Municipal
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Code Section 14.32.500 pertaining to "Parking restricted to
facilitate street sweeping". Such written information shall
clearly indicate when on-street parking is prohibited and the
penalty for violation.
�. 23. That plans for a vehicular turn-around for fire and sanitation
trucks at the terminus of Deerwood Drive shall be submitted to
and approved by the City Fire Department and Street
Maintenance and Sanitation Division.
24. 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 3;
provided, however, that roll-up garage doors shall be
installed in the 8 garage parking spaces facing Deerwood Drive
and that each of the three-bedroom units shall have a floor
area of at least 1150 square feet.
25. That prior to issuance of a building permit, the landscape
plan shall be submitted to and approved by the Planning
Department.
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, 5, 6, 9, 10, 11, 14, 18, 19,
20, 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. 2, 3, 4, 7, 8, 12, 13, 15, 16, 17, 21 and 24,
above-mentioned, shall be complied with.
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.
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THE FOREGOING RESULUTION is approved and adopted by the
City Council of the City of Anaheim this llth ay of October, 1988.
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
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�, C C'R_ 0 TH C I U AN HE IM
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2790L
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. 88R-387 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City o� E1::ahei^: he.�d on
the llth day of October, 1988, by the following vote of the member� therzof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL MEMBERS: Pickler
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-387 on the 2nd day of November, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 2nd day of November, 1988.
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�•CITY CLERK OF THE CI 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-387 duly passed and
adopted by the Anaheim City Council on October 11, 1988.
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� ITY CLERK OF THE CI.. OF AN.t�HEIM