86R-021
RESOLUTION NO. 86R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3509.
WHEREAS, after a request for' variance by CORNELIUS W.
DERUYTER AND MARY ALICE DERUYTER, 530 North Colgate Street,
Anaheim, California 92801 and HACIENDA UNITED CORPORATION, 946
Everett Steeet, #1, Los Angeles, California 90026, owners, and
HUGO A. VAZQUEZ, 619 South Live Oak Drive, Anaehim, California
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. 3509 was granted in part
and denied in part covering the following described property:
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, DESCRIBED AS
FOLLOWS:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 131,
PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL A:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN
BOOK 141 PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITY
PURPOSES OVER THE WESTERLY 20 FEET OF PARCEL 1, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 141
PAGES 46 AND 47 OF PARCEL 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 permitting a 3-story 46-unit affordable housing
apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
SECTION 18.34.061.010 - Minimum building site area
per dwelling unit. (1,200
sq. ft. required; 991 sq.
ft. proposed)
That said variance be granted subject to the following conditions:
1. 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.
2. 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 for each
new dwelling unit.
3. That the owners of subject property shall acquire a
recorded covenant granting an access easement from the property
owner immediately west of subject property for ingress and egress
purposes to subject property. Said easement shall be designed in a
manner satisfactory to the City Traffic Engineer and said covenant
shall be in a form satisfactory to the City Attorney.
4. That the existing most easterly and westerly driveways on
Lincoln Avenue shall be removed and replaced with a standard curb,
gutter, sidewalk and landscaping.
5. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
6. That the property owner shall abandon the existing public
utilities easement on the westerly portion of subject property.
7. That subject property shall be served by underground
utilities.
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8. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Lincoln Avenue in an
amount as determined by the City Council.
9. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Lincoln Avenue in
an amount as determined by the City Council.
10. That a fire access and protection plan shall be submitted
to and approved by the City Fire Marshal.
11. That all engineering requirements of the City of Anaheim
along Lincoln Avenue, including preparation of improvement plans
and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied
with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer; 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 said improvements. Said security shall
be posted with the City prior to issuance of building permits, to
guarantee the installation of the above-required improvements prior
to occupancy.
12. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures.
13. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
14. 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.
15. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
16. 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.
17. 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
twenty-five percent (25%) of the permitted number of residential
units shall be rented as low or moderate income housing as defined
in Government Code Section 65915 and with appropriate rental
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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.
18. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
85-86-5, now pending.
19. That the basement level containing the covered parking
shall be designed to be located more than 50% below the natural
grade level of the subject property, as measured along the site
perimeter and as shown. on the approved exhibits.
20. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No.1, Exhibit Nos. 1 through 4.
21. 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, 3, 6, 8, 9, 10, 11, 12, 16, 17,
18 and 19, 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.
22. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 7, 11, 13, 15 and 20, above-mentioned, shall
be complied with.
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.
City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anahei~,~~' 1986.
MAY OF T E T ANAHEIM
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CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s .
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-02l was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of January, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-021 on the 14th day of January, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of January, 1986.
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(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-021 duly passed and
adopted by the Anaheim City Council on January 14, 1986.
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