1985-376RESOLUTION NO. 85R-376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3495.
-°~ WHEREAS, after a request for variance by ROGER R.
DITTMAN, owner, and YOLDASH DEVELOPMENT, 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. 3495 was denied covering the following described
property:
THE WESTERLY 56.82 FEET OF THE FOLLOWING DESCRIBED
LAND, SAID WESTERLY 56.82 FEET BEING MEASURED ALONG
THE SOUTHEASTERLY LINE THEREOF:
ALL THAT PORTION OF THE RANCHO SAN JUAN CAJON DE SANTA
ANA, BEING A PORTION OF LOT ONE OF ANAHEIM EXTENSION,
AS SAID LOT ONE IS SHOWN ON A MAP OF SURVEY MADE BY
WILLIAM HAMEL AND ACKNOWLEDGED BY ALFRED ROBINSON,
TRUSTEE, ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT,
BEING THE THE SOUTH LINE OF LA PALMA AVENUE, DISTANT
THEREON 93.41 FEET WEST OF THE NORTHEAST CORNER OF
SAID LOT; RUNNING THENCE WEST ALONG THE NORTH LINE OF
SAID LOT 161.92 FEET; THENCE SOUTHERLY PARALLEL WITH
THE EASTERLY LINE OF SAID LOT, 279.849 FEET; THENCE
NORTH 73° 45' 10" EAST 156 FEET TO A LINE WHICH IS
PARALLEL WITH THE EASTERLY LINE OF SAID LOT THROUGH
THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
LAST MENTIONED PARALLEL LINE 234.546 FEET TO THE 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; and
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; and
3. That the developer of said property has agreed to
construct at least twenty-five percent (25~) of the housing
development for persons and families of low or moderate 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
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.
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
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 7-unit affordable condominium
complex on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTIONS 18.06.080 -
18.06.050.0121
AND 18.31.066.010
SECTION 18.31.061.012
SECTION 18.31.062.020
SECTION 18.31.063.011
SECTION 18.31.063.031
Minimum number of parking
spaces (18 spaces, 14
covered or enclosed required;
17 spaces, 14 enclosed pro-
posed)
Minimum lot area per dwelling
unit (3000 sq. ft. required;
2010 sq. ft. proposed)
Maximum site coverage (40%
permitted; 46~ proposed)
- Minimum front yard setback
(15 ft. minimum with 20 foot
average required; 13 ft.
proposed)
- Minimum recreational-leisure
area (1000 sq. ft. per dwell-
ing unit required; 784 sq.
ft. proposed)
That said variance be granted subject to the following conditions:
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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 all engineering requirements of the City of Anaheim
along La Palma Avenue, including relocation of existing curb and
gutter to the ultimate location, and, 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.
4. That the driveway shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That subject property shall be served by underground
utilities.
7. 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.
8. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
9. That if subject project is developed as a condominium
subdivision, all private streets shall be developed in accordance
with the City of Anaheim'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.) Standard detail No. 122
shall be modified to provide for a 25-foot wide street.
-3-
10. That an access easement shall be acquired over the
adjacent property to the west.
11. That the proposed driveway shall be realigned
perpendicular to La Palma Avenue as per the requirement of the
City Traffic Engineer.
12. That all dwelling units located 150 feet or further from
La Palma Avenue shall be fully sprinklered as required by the City
Fire Marshal.
13. That prior to final tract map approval, 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 sold as low or moderate income housing as defined
in Government Code Section 65915 and with appropriate resale 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.
14. 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 541 "Sound Attentuation in Residential
Projects" and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
15. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street(s). Installation of any
gates within a distance of forty (40) feet from said public street
right(s)-of-way shall be subject to the review and approval of the
City Traffic Engineer.
16. That temporary street name signs shall be installed
prior to any occupancy if permanent street name signs have not
been installed.
17. 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.
18. 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.
19. That a six (6) foot high masonry block wall shall be
constructed and maintained along the southerly property lines
and/or that a bond in an amount and form satisfactory to the City
of Anaheim shall be posted with the City to guarantee the
installation of said wall prior to final building inspection.
-4-
20. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
84-85-40, now pending.
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 3.
22. 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, 2, 10, 13, 14 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. 4, 6, 8, 9, 11, 12, 17, 18, 19 and 21,
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of Au st, 1985.
M YOR OF THE CI OF ANAHEIM
ATTEST:
CITY CLARK OF THE CITY OF ANAHEIM
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091785
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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. 85R-376 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of August, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-376 on the 20th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of August, 1985.
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. 85R-376 duly passed and
adopted by the Anaheim City Council on August 20, 1985.
CITY CLERK