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RES-1989-025RESOLUTION NO. 89R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3874, IN PART. WHEREAS, after a request for variance by Richard L. Pierce, 14771 Plaza Drive, Suite "G", Tustin, CA 92680, owner, 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. 3874 was granted, in part, covering the following described property: LOT 31, BLOCK E OF THE LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24 INCLUSIVE OF 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 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 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. 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 in part, permitting a 2-story, 4-unit "affordable" apartment project on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.32.061.010 Minimum building site area unit. (2,400 sq t. permitted; 1,525 sq. ft. proposed) That said variance be granted subject to the following conditions: · That a fee shall be paid to the City of Anaheim for street lighting along Bush Street in an amount as determined by City Council resolution· ~ That a fee shall be paid to the City of Anaheim for tree planting along Bush Street in an amount as determined by City Council resolution. 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. That prior to issuance of a building permit, the appropriate signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. S · That the legal owner of subject property shall acquire a recorded covenant granting an access easement from the legal owner of the property immediately north of subject property for ingress and egress purposes to subject property. Said easement shall be designed in manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. A copy of the recorded covenant shall be submitted to the Zoning Division. · 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. · 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. · That subject property shall be served by underground utilities. · 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 than two (2) person (other than children under the age of two (2) 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. 10. That a covenant shall be recorded agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. -2- 11. That a fire flow test of the water system to determine adequate water pressure shall be conducted to the satisfaction o£ the City Water Engineering Division. 12. That, if required by the Fire Department 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. 13. 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. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3. 15. That prior to issuance of a building permit, the legal property owner shall enter into a recorded agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that at least one of the four permitted residential units shall be rented as low or moderate or very low income housing as defined in 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 o£ occupancy permits. 16. That prior to issuance of a building permit, or within a period of one year from the date o£ this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 9, 10, 11 and 15 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. 17. That prior to final building and zoning inspections, Condition Nos. 6, 7, 8, 12, 15, and 14, above-mentioned, shall be complied with. 18. 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. -3- 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 31st day of January, 1989. ATTEST: CITY CLERK O~ THE CITY OF EIM JLW:db 2918L 020689 M~OR OF THL~C-fTY OF~I-I~I~ -4- 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. 89R-25 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of January, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly and Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-25 on the 7th day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of February, 1989. CITY CLERK OF THE CITY OF AN~IEIM ( s EAt) I, LEONORA N~ SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-25 duly passed and adopted by t~he Anaheim City Council on January 31, 1989. CITY CLERK OF THE CITY OF ANAHEIM