Loading...
88-352 RESOLUTION NO. 88R-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3811. WHEREAS, after a request for variance by LINCOLN PROPERTY, LTD., 4200 Trabuco Road, Suite No. 222, Irvine, California 92720, owner, and CHRISTOPHER PIERCE, A.M. HOMES, 4060 Campus Drive, Newport Beach, California 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. 3811 was granted covering the following described property: COMMENCING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF TttE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 ~EST, IN THE RANCHO SAN ,JUAN CAJON DE SANTA ANA, IN TttE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK Si, PAGE 10, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, 42S FEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, RUNNING THENCE SOUTH ON SAID WEST LINE 268 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER 315 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER 693 FEET; THENCE WEST ON THE NORTH LINE OF SAID NORTHEAST QUARTER 2t2.S0 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER 42S FEET; THENCE SOUTH 102.S FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF; 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. 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 three (3) story, 106-unit apartment project on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS AND 18.34.062.011 18.34.062.012 Maximum Structural Height. (1 story permitted within 150 feet of single-family residential zoning, and 2 stories otherwise permitted; 3 stories at 50 feet from RS 7200 zoning proposed.) That said variance be granted subject to the following conditions: 1. 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. 2. That subject property shall be served by underground utilities. 3. That the existing driveways on Lincoln Avenue shall be removed and replaced with standard curb and gutter, sidewalk and landscaping. 4. That the driveway 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 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 the Engineering Division's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 6. That the legal owner of subject property shall accept and dispose of the drainage from the adjacent properties, including reconstructing private drainage facilities, in a manner acceptable to the City Engineer. 7. That prior to commencement fire hydrants shall be installed and approved by the City Fire Department. of structural framing, on-site charged as required and 8. 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 Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 9. 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. In addition, the trash storage area proposed at the north side of Carport No. 1 shall be relocated and the two at the south property line shall be eliminated or relocated, subject to -2- approval of the Sanitation Division, and the trash storage area between Carport Nos. 4 and 5 shall be set back far enough to the southwest to prevent the trash enclosure doors from opening into the parking spaces. 10. That prior to issuance of a building park and recreation in-lieu fees shall be paid Anaheim in an amount as determined by the City permit, appropriate to the City of Council. 11. 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. 12. That all air conditioning facilities and other ground mounted equipment shall be properly shielded from the sound buffered from adjacent residential properties. roof and view and 15. 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. 14. That a six (6)-foot high masonry block wail shall be constructed and maintained along the east (except where adjacent to RM-1200 zoning), south and west property lines excepting the front setback where the wail height shall not exceed three (5) feet. 15. That building plans shall show that any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. 16. That the on-site landscaping shall be maintained in compliance with City standards. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 8; provided, however, that the structure shall be relocated to a minimum of fifty (50) feet from the south and west property lines (adjacent to RS 7200 Zoning). 18. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 88-89-05, now pending. 19. 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, 8, 10, 15, 15 and 18, above-mentioned, shall be complied with. Extensions for further time to complete said conditions nay be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. -5- 20. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 6, 9, 11, 12, 14, and 17, above-mentioned, shall be complied with. 21. 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 13th day of September, 1988. ' F~TH~ C~IT MAYOR O--~A-~ ATTEST: CITY CLERK OF JLW:fm 2729L 091688 THE CITY OF ANAHEIM -4- CLERK STATE OF CAJ~IFOR~IA COUNTY OF ORANGE CiTY OF A~AJiEIM ss. i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 8gR-352 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of September, 198~, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL M_EMBERS: None COUNCIL MEMBERS: None A~ND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-352 on the 21st day of September, 1988. IN WITNESS WHEilEOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of September, 1988. CITY CLERK OF THE CITY OF AN~H{E!M i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-352 duly passed and adopted by the Anaheim City Council on September 13, 1988. CITY CLERJi 0F THE CITY 0F ~NAJ{EIM