RES-1989-031RESOLUTION NO. 89R-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3894.
WHEREAS, after a request for variance by CITY OF
ANAHEIM, 200 South Anaheim Boulevard, Anaheim, CA 92805, owner,
and ROBERT J. WALLER, 18800 Delaware Street, Suite 1000,
Huntington Beach, CA 92648, 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.
3894 was granted covering the following described property:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
NORTHWEST QUARTER OF SAID SECTION 8, 474.67 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 WEST 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 SOUTHWEST
QUARTER OF SAID NORTHWEST QUARTER OF SECTION 8;
THENCE WESTERLY ALONG SAID 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; 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 o£ the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
3. That the developer of said property has agreed to
construct at least twenty percent (20%) of the housing development
for persons and families of very Iow income as defined in 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.
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, 176-unit "affordable"
apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
SECTION 18.34.061.010
Minimum Site Area Per
Dwelling Unit.
(1,200 square feet
required; 967 square feet
proposed)
SECTION 18.34.062.011
Maximum Structural Height.
(2-stories permitted;
3-stories proposed)
SECTION 18.34.062.020
Maximum Site Coverage.
(55% permitted; 69%
proposed)
SECTION 18.34.065.011
Minimum Distance Between
Buildings.
(32 to 41 feet required;
11 to 19 feet proposed)
That said variance be granted subject to the following conditions:
·
That prior to issuance of a building permit, the
appropriate tra££ic signal assessment fee shall be paid
to the City of Anaheim in an amount as established by
City Council resolution.
·
That the existing driveways on Brookhurst Street,
Gramercy Avenue and Valley Street shall be removed and
replaced with standard curb and gutter, sidewalk and
landscaping.
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That curbs and gutters shall be repaired along Valley
Street as required by the City Engineer and in accordance
with standard plans and specifications on file in the
Office of the City Engineer.
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 and reconstruction/construction of
full street improvements at the ultimate location when
required by the City Engineer.
·
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
·
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 Utility
Division in accordance with Rules ISA and 20 of the Water
Utility Rates, Rules and Regulations.
·
That a fire flow test of the water system to determine
adequate water pressure shall be conducted to the
satisfaction of the City Water Engineering Division.
·
That fire sprinklers shall be installed in the entire
building, as required by the City Fire Department.
·
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 the Engineering Division's Standard Plan
No. 402 and shall be subject to the review and approval
of the City Traffic Engineer.
11. That the proposed parking structure design shall conform
to the Engineering Division's Standard Plan No. 402-B
pertaining to standard details for parking structures and
ramp requirements.
12. That the basement level containing the covered parking
shall be designed to be more than fifty percent (50%)
below the natural grade level as measured from the
exterior walls of the building, and constructed as such.
15. That a parking plan indicating compliance with City
parking design standards shall be submitted to and
approved by the City Traffic Engineer.
14. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with the approved
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plans on file with said Division. Trash storage areas
shall not be located in any area requiring trash truck
access into or through the parking structure. Trash
compactors may be utilized as approved by the Street
Maintenance and Sanitation Division.
15. 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.
16. 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.
17. That subject property shall be served by underground
utilities.
18. That, a six (6) foot high concrete block wall shall be
constructed along the southeast property line (Carbon
Creek flood control channel) to site-screen the City's
trash transfer station located southerly of said flood
control channel, as required by the Parks and Recreation
Department.
19. 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.
20. That both spaces in each pair of tandem parking spaces
shall be assigned to the same dwelling unit.
21. That if required by the Fire and/or Police Department,
all lockable pedestrian and vehicular access gates shall
be equipped with a "knox box" device to the satisfaction
of the City Fire and Police Departments.
22. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view.
23. That prior to issuance of a building permit, evidence
shall be presented satisfactory to the Building Division
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.
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24. That a six (6) foot high masonry block wall shall be
constructed and maintained along the portions of the
north and west property lines which adjoin ML-zoned
property excepting the front setbacks where the wall
height shall not exceed three (3) feet.
25. 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 California Government
Code Section 65915 to provide that a minimum of ten
percent (10%) of the permitted number of residential
units shall be rented as very Iow 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 (30)
years from the date of issuance of occupancy permits.
26. 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 7.
27. 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, 4, 5, 6, 7, 11,
12, 13, 19, 23 and 25, 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.
28. That prior to final building and zoning inspections,
Condition Nos. 2, 5, 5, 8, 9, 14, 15, 17, 18, 21, 22, 24
and 26, above-mentioned, shall be complied with.
29. 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.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of February, 1989.
ATTEST'
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
2931L
020989
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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. 89R-31 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of February, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: Daly and Ehrle
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-31 on the 13th day of February, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 13th day of February, 1989.
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. 89R-31 duly passed and adopted
by the Anaheim City Council on February 7, 1989.
CITY CLERK OF THE CITY OF ANAHEIM