90-059 RESOLUTION NO. 90R-$9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 4013.
WHEREAS, after a request for variance 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. 4013 was granted covering the following described
property:
PARCEL A:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN
BOOK $1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
NORTHWEST QUARTER OF SAID SECTION 8, 4?4.6? FEET
NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH
THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8,
238 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15
FEET, MORE OR LESS, TO A POINT 306.92 FEET NORTHERLY
OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE
WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST
LINE 183.02 FBBT TO A POINT 123.90 FEET NORTHERLY OF
THE SOUTH LINE OF SAID NORTHWEST QUARTER: THENCE
EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 8212 FEET; THENCE NORTHERLY PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST QUARTER 36?.63
FEET TO THE SOUTH LINE OF THE NORTH 25 ACRES OF THE
SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION
8; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID 25
ACRE TRACT OF LAND 822 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST
LINE OF THE NORTHWEST QUARTER 16 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 60.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT LAND DESCRIBED IN CITY
OF ANAHEIM RESOLUTION 72R-191 RECORDED MAY Z3, 1972 IN
BOOK 10138, PAGE 544, OFFICIAL RECORDS OF SAID COUNTY.
GRNTG VAR 4013
ALSO EXCEPTING THEREFROM THAT PORTION SOUTHEASTERLY OF
THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN
INSTRUMENT RECORDED FEBRUARY 15, 1961 IN BOOK 5630,
PAGE 618, OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH THAT LAND DESCRIBED AS PARCEL NO. 803.1
IN A QUITCLAIM DEED RECORDED MARCH 13, 9162 IN BOOK
603?, PAGE 504, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM SAID PARCEL NO. 803.1 THE WESTERLY
30.00 FEET THEREOF.
PARCEL B:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT EAST 30.00 FEET AND NORTH 15.00
FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER: THENCE BAST 396.00 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH
108.90 FEET; THENCE WEST 396.00 FEET; THENCE SOUTH
108.90 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF
THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED
TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED
JUNE 24, 1959 IN BOOR 4??2, PAGE 191, OFFICIAL RECORDS
OF SAID COUNTY.
ALSO EXCEPTING THEREFROM SAID PARCEL 1 THE SOUTHERLY
30.00 FEET THEREOF.
PARCEL C:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ZS RODS, 13.5 FEET EAST AND 15
FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST; RUNNING THENCE EAST
24 RODS; THENCE NORTH 6-3/5 RODS; THENCE WEST 24 RODS;
THENCE SOUTH 6-3/5 RODS, TO THE POINT OF BEGINNING.
-2- GRNTG VAR 4013
EXCEPTING THEREFROM SAID PARCEL 2 THE SOUTHERLY 30.00
FEET THEREOF.
ALSO EXCEPTING THEREFROM SAID PARCEL 2 THE PORTION
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF THAT LAND
CONVEYED TO THE CITY OF ANAHEIM BY INSTRUMENT RECORDED
OCTOBER 1, 1974 IN BOOK 11225, PAGE 1660, OFFICIAL
RECORDS OF SAID COUNTY: THENCE SOUTH 89 DEGREES 43'
30" EAST 23.28 FEET TO THE NORTHEASTERLY CORNER OF
SAID CITY OF ANAHEIM LAND, SAID NORTHEASTERLY CORNER
ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 2;
THENCE CONTINUING SOUTH 89 DEGREES 43' 3~" EAST 171.71
FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL
2 TO THE TRUE POINT OF BEGINNING, HEREINAFTER REFERRED
TO AS POINT A; THENCE CONTINUING SOUTH 89 DEGREES 43'
30" EAST 224.29 FEET TO THE EASTERLY BOUNDARY LINE OF
SAID PARCEL 2; THENCE SOUTH 0 DEGREES 16' $0" EAST
78.90 FEET TO A LINE PARALLEL WITH AND 30.00 FEET
NORTHERLY OF THE SOUTHERLY BOUNDARY LINE OF SAID
PARCEL 2; THENCE NORTH 89 DEGREES 43' 30" WEST 225.06
FEET; THENCE NORTH 0 DEGREES 16' 30" EAST 78.90 FEET
TO THE POINT OF BEGINNING.
PARCEL D:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN
BOOK S1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
NORTHWEST QUARTER OF SAID SECTION 8, 476.67 FEET
NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH
THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8,
238 FEET: THENCE SOUTHERLY PARALLEL WITH THE WEST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15
FEET, MORE OR LESS, TO A POINT 306.92 FEET NORTHERLY
OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE
WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WESTS
LINE 183.02 FEET TO A POINT 123.90 FEET NORTHERLY OF
THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE
EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 822 FEET; THENCE NORTHERLY PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST QUARTER 367.63
FEET TO THE SOUTH LINE OF THE NORTH 25 ACRES OF THE
-3- GRNTG VAR 4013
SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION
8; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID 2S
ACRE TRACT OF LAND 822 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST
LINE OF THE NORTHWEST QUARTER, 16 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM SAID PARCEL 3 THAT PORTION
NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY LINE OF
THAT LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY
15, 1961 IN BOOK 5630, PAGE 618, OFFICIAL RECORDS OF
SAID COUNTY.
ALSO EXCEPTING THEREFROM SAID PARCEL 3 THE PORTION
DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT A, SAID POINT A ALSO BEING ON
THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 3; THENCE
SOUTH 89 DEGREES 43' 30" EAST 224.290 FEET ALONG THE
SOUTHERLY BOUNDARY OF SAID PARCEL 3 TO THE EASTERLY
BOUNDARY LINE OF SAID PARCEL 3; THENCE NORTH 0 DEGREES
16' S0" WEST 143.41 FEET ALONG SAID EASTERLY BOUNDARY
LINE TO THE SOUTHEASTERLY BOUNDARY LINE OF SAID LAND
DESCRIBED IN BOOK 5630, PAGE 618; THENCE SOUTH 71
DEGREES 20' 0S" WEST 235.66 FEET ALONG SAID
SOUTHEASTERLY BOUNDARY LINE; THENCE SOUTH 0 DEGREES
16' 30" WEST 66.91 FEET TO THE POINT OF BEGINNING.
PARCEL E:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 A
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
FILED IN BOOK S1, PAGE 10 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP FILED IN BOOK S1, PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 30.00 FEET EAST, AND 15.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SOUTFB~EST
QUARTER; THENCE EAST 396.00 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH
108.90 FEET; THENCE WEST 396.00 FEET; THENCE SOUTH
108.90 FEET TO THE POINT OF BEGINNING.
THAT LIES NORTHWESTERLY OF A LINE THAT IS PARALLEL
WITH AND DISTANT 30.50 FEET SOUTHEASTERLY OF A LINE
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF
BROOKHURST STREET AND CRESCENT AVENUE (EASTERLY) IN
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
INTERSECTION IS SHOWN IN COUNTY SURVEYOR'S TRANSIT
-4- GRNTG VAR 4013
BOOK 114, PAGE 27, ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID COUNTY IN NOVEMBER 20, 1957; THENCE
NORTH 89 DEGREES 57' 10" EAST ALONG SAID CRESCENT
AVENUE CENTERLINE, 1591.73 FEET TO A POINT (SAID POINT
ALSO BEING DISTANT THEREON SOUTH 89 DEGREES 57' 10"
WEST, 1069.59 FEET FROM THE CENTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B.~ M, AS SHOWN
IN SAID TRANSIT BOOK 114, PAGE 27 ON NOVEMBER 20,
1957); THENCE NORTH 0 DEGREES 02' 50" WEST, 450.00
FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 2000.00 FEET (SAID COURSE BEARING NORTH 0
DEGREES 02' 50" WEST BEING RADIAL TO SAID CURVE);
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18 DEGREES 56' 05", AN ARC DISTANCE
OF 660.95 FEET TO A LINE TANGENT; THENCE SOUTH 71
DEGREES 01' 05" WEST, 996.83 FEET ALONG SAID TANGENT
LINE, TO A POINT IN THE CENTERLINE OF SAID BROOKHURST
AVENUE TANGENT LINE, TO A POINT IN THE CENTERLINE OF
SAID BROOKHURST AVENUE AS SHOWN IN COUNTY SURVEYOR'S
TRANSIT BOOK 114, PAGE 28 ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAID COUNTY ON NOVEMBER 20, 1957,
SAID POINT BEING DISTANT THEREON NORTH 0 DEGREES 35'
50" WEST, 18.30 FEET FROM THE POINT OF COMMENCEMENT.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT, RECORDED JUNE 24, 1959, IN BOOK
4772, PAGE 191 OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0
DEGREES 35' 50" EAST, 35.00 FEET ALONG THE WEST LINE
OF SAID LAND; THENCE NORTH 89 DEGREES 57' 10" EAST,
54.74 FEET PARALLEL WITH THE NORTH LINE OF SAID LAND
TO A LINE PARALLEL WITH THE NORTHWESTERLY 70.00 FEET
FROM THE SOUTHEASTERLY LINE OF SAID LAND; THENCE NORTH
71 DEGREES 01' 05" EAST, 107.86 FEET ALONG SAID
PARALLEL LINE TO THE NORTH LINE OF SAID LAND; THENCE
SOUTH 89 DEGREES 57' 10" WEST, 157.10 FEET ALONG SAID
NORTH LINE TO THE POINT OF BEGINNING, SAID EXCEPTED
PORTION HEREINAFTER REFERRED TO AS EXCEPTED PORTION 1.
ALSO EXPECTING THEREFROM THAT PORTION THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT (OCFCD), RECORDED JUNE 24, 1959 IN
BOOK 4772, PAGE 191, OFFICIAL RECORDS OF SAID COUNTY;
-5- GRNTG VAR 4013
THENCE NORTHERLY ALONG THE BOUNDARY OF SAID OCFCD LAND
73.90 FEET TO THE SOUTHWESTERLY CORNER OF SAID
EXCEPTED PORTION 1; THENCE EASTERLY ALONG THE
SOUTHERLY BOUNDARY LINE OF SAID EXCEPTED PORTION 1,
50.00 FEET; THENCE SOUTHERLY AND PARALLEL TO THE
WESTERLY BOUNDARY LINE OF SAID OCFCD LAND 16.10 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 25.51 FEET; THENCE ALONG
SAID CURVE AN ARC LENGTH OF 36.45 FEET THROUGH A
CENTRAL ANGLE OF 81 DEGREES 52' 19"; THENCE
SOUTHEASTERLY TANGENT TO SAID CURVE 20.97 FEET TO AN
INTERSECTION POINT WITH A LINE THAT LIES 30.00 FEET
NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE
OF SAID OCFCD LAND, SAID INTERSECTION POINT LIES 67.69
FEET WESTERLY OF THE SOUTHEASTERLY BOUNDARY LINE OF
SAID OCFCD LAND; THENCE 67.69 FEET EASTERLY ALONG SAID
PARALLEL LINE TO SAID SOUTHEASTERLY BOUNDARY LINE;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY
LINE TO THE SOUTHERLY BOUNDARY LINE OF SAID OCFCD
LAND; THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY
LINE TO THE POINT OF BEGINNING.
PARCEL F:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN-THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 2 AS SAID PARCEL IS DESCRIBED IN INSTRUMENT
RECORDED FEBRUARY 15, 1961 IN BOOK S630, PAGE 618,
OFFICIAL RECORDS 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 the developer of said property has agreed to
construct at least ten percent (10%) of the housing development for
very low income households as defined in Section 50105 of the
Health and Safety Code; and
2. For the aforesaid reason, Section 65915 of the Government
Code authorizes the City to grant to developer a density bonus
consisting of a density increase of at least twenty-five percent
(25%) over the otherwise maximum allowable residential density
under the applicable zoning ordinance and land use element of the
general plan.
~6- GRNTG VAR 4013
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 2 and 4-story, 228-unit "affordable"
apartment complex on the property hereinbefore described with
waivers of the foilowing sections of the Anaheim Municipal Code:
SECTION 18.34.061.010 Minimum Site Area Per
Dwelling Unit.
(1,200 sq. ft. required;
1,114 sq. ft. proposed)
SECTION 18.34.062.011 Maximum Structural Height.
(2-stories permitted; 2 to
4-stories proposed)
SECTIONS 18.34.065.010 Minimum Distance Between
and 18.34.065.011 Buildings.
{29 to 43 feet required;
11 to 25 feet proposed)
That said variance be granted subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
twenty seven (27) feet in width from the centerline of the
street along Gramercy Avenue including a fifteen (15) foot
radius corner return at Valley Street for street widening
purposes.
2. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land sixty
(60) feet in width from the centerline of the street along
Brookhurst Street including a twenty five (25) foot radius
corner return at Crescent Avenue for street widening purposes.
3. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land forty
five (45) feet in width from the centerline of the street
along Crescent Avenue for street widening purposes,
4. That the vehicular access rights to Brookhurst Street shall be
dedicated to the City of Anaheim.
S. That a parcel map shall be submitted to and approved by the
City of Anaheim and then be recorded in the Office of the
Orange County Recorder. Three (3) parcels shall be created.
One parcel shall contain the land required for the City of
Anaheim Fire Station No. 2. The second parcel shall contain
the land required by the Orange County Flood Control District
for the Carbon Creek Channel, The third parcel shall contain
the remaining land for use as subject apartment complex.
-7- GRNTG VAR 4013
6. That prior to issuance of a building permit, a faithful
performance bond in an amount approved by the City Engineer
shall be posted with the City of Anaheim to guarantee the
removal of existing street improvements along Gramercy Avenue,
Brookhurst Street and Crescent Avenue, and
reconstruction/construction of full street improvements at the
~-~' ultimate location prior to final building and zoning
inspections.
That the existing driveways on Brookhurst Street shall be
removed and replaced with standard curb, gutter, sidewalk and
landscaping.
8. That prior to issuance of a building permit, an agreement for
covering the Carbon Creek Channel shall be approved by the
Orange County Flood Control District and the City Engineer.
Development shall occur in conformance with said agreement.
9. That street lighting facilities along Crescent Avenue, Valley
· Street, Brookhurst Street and Gramercy Avenue shall be
~ installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or 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 a
building permit. The above-required improvements shall be
installed prior to occupancy.
10. That subject property shall be served by underground utilities.
11. That the legal owner of subject property shall dedicate to the
City of Anaheim an easement five (5) feet in width located
along the northwest and east property lines of subject
~, property for public utility purposes.
12. 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 Engineering Division in accordance with
Rules 15A and 20 of the Water Utility Rates, Rules and
Regulations.
13. That the property owner/developer shall upgrade the existing
six (6) inch water line in Gramercy Avenue and relocate the
line to tie into Brookhurst Street as required by the Water
Engineering Division.
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. Such information shall be specifically shown
on the plans submitted for building permits.
GRNTG VAR 4013
1S. That fire sprinklers shall be installed as required by the
Fire Department.
16. That prior to commencement of structural framing, on-site fire
hydrants shall be installed and charged as required and
approved by the City Fire Department. An all-weather road
shall be provided to the hydrant at all times, as required by
the Fire Department.
17. That on-site driveways shall be constructed to accommodate a
twenty (20) ton fire truck, as required by the Fire Department.
18. That an adequate, unobstructed fire truck turn-around area
shall be provided and shall be specifically shown on plans
submitted for building permits, as required by the Fire
Department. Said turn-around area shall be permanently marked
and maintained to the satisfaction of the Fire Department.
19. That a fire alarm system shall be installed to the
satisfaction of the Fire Department.
20. That the proposed 4-story buildings shall be equipped with
Class I standpipes as required by the Fire Department.
21. That a fee shall be paid to the City of Anaheim for tree
planting along Gramercy Avenue, Valley Street, Crescent Avenue
and Brookhurst Street in an amount as established by City
Council resolution.
22. 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 established by City Council resolution.
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 established by City Council resolution.
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 prior to issuance of a building permit.
25. That plans shall be in conformance with Engineering Standard
Plan Nos. 402B, 456F, 601D and 604A pertaining to parking
standards.
26. That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standard No. 137. Furthermore,
the maximum width of the driveway on Crescent Avenue shall be
thirty (30) feet.
-9- GRNTG VAR 4013
27. That drainage of subject property shall be provided in a
manner satisfactory to the City Engineer and the Orange County
Flood Control District.
28. That all lockable pedestrian and/or vehicular access gates
shall be equipped with a "knox box" device as required by the
Fire and/or Police Departments.
29. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view. Such
information shall be specifically shown on the plans submitted
for building permits.
30. That any plumbing or other similar pipes and fixtures located
on the exterior of the building shall be fully screened by
architectural devices and/or appropriate building materials;
and, further, that such information shall be specifically
shown on the plans submitted for building permits.
31. That prior to issuance of a building permit, satisfactory
evidence shall be presented to the Building Division showing
that the proposal 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 a six (6) foot high masonry block wall shall be
constructed and maintained adjacent to the two (2) abutting
parcels excepting the front setbacks where the wall height
shall not exceed three (5) feet; provided, however, that the
City Traffic Engineer shall have the authority to reduce the
height of the wall to protect visual lines-of-sight where
pedestrian/vehicular circulation intersect. Such information
shall be specifically shown on the plans submitted for
building permits.
55. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
54. That prior to issuance of a building permit, the legal
property owner shall enter into an unsubordinated recorded
agreement with the City of Anaheim pursuant to California
Government Code Section 6S915 to provide that ten percent
(10%) of the permitted number of residential units shall be
rented as very low income housing as defined in California
Government Code Section 65915 and with appropriate rental
controls as approved by the City of Anaheim for a period of
not less than thirty (50) years from the date of issuance of
occupancy permits.
That prior to issuance of a building permit, the legal
property owner shall prepare and record an unsubordinated
covenant limiting occupancy of each apartment unit to no more
-10- GRNTG VAR 4013
than two (2) persons (other than children under the age of two
[Z] years) per bedroom. 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 Zoning Division.
36. That no driveway, or public or private street grade shall
exceed ten percent (10%) except by prior approval of the Fire
Department and the Engineering Division.
57. That this Variance is granted subject to adoption of a zoning
ordinance in connection with Reclassification No. 89-90-34,
now pending.
58. That the owner of subject property shall submit a letter
requesting termination of Variance No. 5894 to the Zoning
Division.
59. 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 Division and
in accordance with specifications on file with said division.
40. That the renter of each residential dwelling unit shall be
provided with written information concerning Anaheim Municipal
Code Section 14.52.500 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.
41. That the driveway on Gramercy Avenue shall be equipped with a
"Do Not Enter Residents Only" sign and the westerly driveway
on Crescent Avenue shall be equipped with a "Do Not Enter
One Way" sign and tire busters, as required by the City
Traffic Engineer.
42. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Revision No. 1 of Exhibits Nos.
1, 2 and 9, and Exhibits Nos. 6, 7, 8, 10 and 11.
That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1 through 6, 8, 9, 11, 12, 14,
18, 21 through 25, 29, 30, 31, and 34 through 58,
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.
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44. That prior to final building and zoning inspections, Condition
Nos. 7, 9, 10, 13, 15, 17, 19, 20, 26, 27, 28, 32, 39, 41 and
42, above-mentioned, shall be complied with.
4S. 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,
State and Federal 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 13 day of February, 1990.
ATTEST:
C~Y CLERK OF THE CITY OF ANAHEIM
JLW:db
3522L
022090
-12- GRNTG VAR 4013
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. 90R~59 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 February, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-59 on the 26th day of February, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of February, 1990.
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. 90R-59, duly passed and
adopted by the Anaheim City Council on February 13, 1990.
CITY CLERK OF THE CITY OF ANAHEIM