RES-1989-133RESOLUTION NO. 89R-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3899.
WHEREAS, after a request for variance by LUCILE M.
PERRYMAN AND FRANK E. PERRYMAN, 703 N. Anaheim Boulevard,
Anaheim, CA 92805, owner, and KOKO CHANG, P.O. BOX 2868,
Anaheim, CA 92814, 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. 3899 was
granted covering the following described property:
BEGINNING AT THE NORTHWEST CORNER OF LOT 56, THENCE
EASTERLY ALONG THE NORTHERLY LINES OF LOT 56 AND 55,
210 FEET AND 4 1/2 INCHES TO A POINT IN THE NORTHERLY
LINE OF LOT 55; THENCE AT RIGHT ANGLES SOUTHERLY AND
PARALLEL WITH THE WESTERLY LINE OF LOT 55, A DISTANCE
OF 51 1/Z FEET TO A POINT; THENCE AT RIGHT ANGLES
WESTERLY AND PARALLEL WITH THE NORTHERLY LINE OF LOT
55, A DISTANCE OF 3Z 1/3 FEET TO A POINT: THENCE AT
RIGHT ANGLES SOUTHERLY AND PARALLEL WITH THE WESTERLY
LINE OF LOT 55, A DISTANCE OF 71 FEET TO A POINT;
THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH THE
SOUTHERLY LINES OF LOTS 55 AND 56, A DISTANCE OF 178
1/2 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY
ALONG THE WESTERLY LINE OF LOT 56, A DISTANCE OF 122
1/Z FEET TO THE NORTHWEST CORNER THEREOF AND 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 of 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 ten percent (10%) of the housing development for
persons and families of very iow income as defined in Section 50093
of the Health and Safety Code; and
GRNTG VAR. #3899
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, 22-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 building site area
~er d'welk"ing unit.
(1200 square £eet
required; 10Z6 square feet
proposed).~
SECTION 18.34.062.011
Maximum_ structural height·
[Z stories permitted; 5
stories proposed)· --
SECTION 18.34.062.020
Maximum site coverage.
'('55% permlt'ted; 65%
proposed). ''
That said variance be granted subject to the following conditions:
i ·
That prior to issuance o£ 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 a cash payment shall be made to the City of Anaheim for
the cost of the removal of existing street improvements along
Lemon Street and reconstruction/construction of full street
improvements at the ultimate location· Said payment shall be
made prior to issuance of a building permit·
·
·
That the existing driveway on Lemon Street shall be removed
and replaced with standard curb, sidewalk and landscaping.
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.
·
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
That this Variance is granted subject to the adoption of a
Zoning Ordinance in connection with Reclassification No.
88-89-56, now pending.
-2- GRNTG VAR. #3899
·
That subject property shall obtain sewer service by connecting
to the existing manhole at Station 55 and 52.
·
That the property owner shall verify that the existing six (6)
inch ¥.C.P. sanitary sewer is not in service. If not in
service, the sewer shall be abandoned and a request made to
abandon the existing ten (10) foot easement.
·
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.
10. That the entire project, including the parking garage, shall
be equipped with fire sprinklers, as required by the City Fire
Department.
11. That subject property shall be served by underground utilities·
12. 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.
13. That both spaces in each pair of tandem parking spaces shall
be assigned to the same dwelling unit.
14. That in the event a parcel map is not recorded combining the
two (2) existing lots, the legal property owner shall furnish
the Zoning Division with a copy of a recorded covenant and
agreement in a form approved by the City Attorney agreeing to
hold subject property as one (1) parcel.
15. 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.
16. That all lockable pedestrian and vehicular access gates shall
be equipped with a "knox box" device, if required by the City
Fire and/or Police Department.
17. 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.
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.
-3- GRNTG VAR. #3899
19. That prior to issuance of a building permit, satisfactory
evidence shall be presented to the Building Division showing
that the proposed project is in conformance with Council
Policy Number 54Z "Sound Attenuation in Residential Projects"
and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
20. That a six (6) foot high masonry block wall shall be
constructed and maintained along the north, east and south
property lines excepting the front setback where the wall
height shall not exceed three (3) feet.
21. That all 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, such information shall be specifically shown on
the plans submitted for building permits.
22. 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 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 (30) years
from the date of issuance of occupancy permits.
ZS. That the basement level covered parking shall be designed to
be more than fifty percent (50%) below the natural grade level
of subject property as measured at the exterior walls of the
building, and shall be constructed as such.
24. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Revision Nos. 1 of Exhibit No. 1, and
Exhibit No. 2.
25. That the proposal shall consist of "post tension" construction.
26. 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, 4, 6, 8, 12, 14,
19, 21, 22, 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.
27. That prior to final building and zoning inspections, Condition
Nos. 5, S, 7, 10, 11, 17, 18, 20, 21, 23, 24 and 25,
above-mentioned, shall be complied with.
-4- GRNTG VAR. #5899
28. That approval of this application constitutes approval o£ 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 o£ the request regarding any
other applicable ordinance, regulation or requxrement.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption o£ 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 o£ 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 18th day of April, 1989.
ATTEST:
CITY CLEP. K'OF THE CITY OF ANAHEIM
JLW: db
5037L
042189
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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-133 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of April, 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-133 on the 27th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of April, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
( s E^L )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-133 duly passed and
adopted by the Anaheim City Council on April 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM