87-191 RESOLUTION NO. 87R~191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3645.
WHEREAS, after a request for variance by NORMA WU,
TAINAN GROUP, 6965 Aragon Circle, Buena Park, California 90620,
owner, and YAW-KAI HUANG, 1414 Oxford Road, San Marino,
California 91108, 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. 3645 was
granted covering the following described property:
THE SOUTH 125.00 FEET OF THE NORTH 346.00 FEET OF THE
EAST 270.00 FEET OF TIlE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF
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.
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 to construct a two-story 21-unit apartment
complex on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.34.062.020
Maximum site coverage.
(55% permitted; 57% proposed)
That said variance be granted subject to the following conditions:
park and
Anaheim
That prior to issuance of a building permit, appropriate
recreation in-lieu fees shall be paid to the City of
in an amount as determined by the City Council.
2. That prior to issuance of a
appropriate traffic signal assessment
of Anaheim in an amount as determined
building permit, the
fee shall be paid to the City
by the City Council.
3. That the existing most southerly driveway on Magnolia
Avenue shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
4. That gates shall not be installed across any 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.
5. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402-A pertaining to standard
details for parking structures and ramp requirements.
6. That all driveways shall be constructed or reconstructed
to accommodate ten (10) foot radius curb returns as required by the
City Traffic Engineer.
7. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
8. That street lighting facilities along Magnolia Avenue
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 building permits. The
above-required improvements shall be installed prior to occupancy.
9. That subject property shall be served by underground
utilities.
10. 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.
11. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
12. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Magnolia Avenue
in an amount as determined by the City Council.
13. That all 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.
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14. That fire sprinklers shall be installed as required by
the City Fire Marshall.
15. That the curbing adjacent to subject property shall be
painted red to facilitate on-street trash pick-up.
16. 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.
17. That prior to issuance of building permits, the applicant
shall present evidence satisfactory to the Chief Building Inspector
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.
18. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
86-87-25, now pending.
19. That the proposed office/laundry/storage room on the
first floor shall not be used for or converted to a habitable
residential area(s) and that the owner(s) of subject property shall
execute and record a covenant attesting to same in a form approved
by the City Attorney's Office. A copy of the recorded covenant
shall then be submitted to the Planning Department.
20. That prior to issuance of a building permit, the property
owner shall prepare and record an unsubordinated covenant limiting
the occupancy of each apartment unit to no more than four (4)
persons (other than children under the age of two [2] years). 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 Planning Department.
21. 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 5 and Revision No. 1 of
Exhibit Nos. 4 and 5; provided, however, that a six (6)-foot high
masonry block wall shall be constructed along the south property
line with the height being measured from the highest adjacent grade
level.
22. 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, 8, 12, 17, 18, 19 and 20,
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.
23. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 1S, 16 and 21,
above-mentioned, shall be complied with.
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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
City Council of
approved and adopted by the
the City of Anaheim ~~y, 1987.
MAYOR OF THE CITY OF ~NAHEIM
ATTEST:
BG:fm
1883L
061687
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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. 87R-191 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 May, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-191 on the 12th day of May, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of May, 1987.
~"CITY CLERK OF THE 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. 87R-191 duly passed and
adopted by the Anaheim City Council on May 12, 1987.
~.CITY CLERK OF THE ANAHEIM