88-195 RESOLU210N NO. 88R-195
A RESOLUTION OF THE CITY COUNCIL OF THE CIIY
OF ANAHEIM GRANTING VARIANCE NO. 3751, IN
PART.
WHEREAS, after a request for variance by VICTOR M.
VAZQUEZ, JR., 2240 W. Lincoln Avenue, Anaheim, California 92801,
owner, and HUGO A. VASQDEZ, 2240 ~. Lincoln Avenue, Anaheim,
California 92801, 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. 3751 was
granted covering the following described property:
PARCEL 1:
LOT THREE (3) IN BLOCK TWO (2) OF "EYGABROAD'S
SUBDIVISION" AS SHOWN ON A MAP RECORDED IN BOOK 7 PAGE
13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA
EXCEPIlNG THEREFROM 2HAT PORIION OF SAID LAND,
RESERVED IN A DEED TO THE STATE OF CALIFORNIA,
RECORDED MAY 4, 1954 AS INSTRUMENT NO. 32814 OF
OFFICIAL RECORDS OF THE COUNTY OF ORANGE
PARCEL 2:
THAT PORTION OF LO1 A OF BOEGE'S ADDITION 2'0 ANAHEIM,
AS SHOWN ON MAPS RECORDED IN BOOK 3, PAGES 2 AND 3 OF
MISCELLANEOUS RECORDS IN THE ObFICE OF THE COUNTY
RECORDER OF SAI~ COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT 2HE INiERSECTION OF THE EASTERLY LINE OF
SAID LOT A WITH A LINE PARALLEL WITH AND DISIANT
SOUlhERLY 10.25 FEET, MEASURED Al' RIGHT ANGLES, FROM
THE NORTHERLY LINE OF SAID LOT A; THENCE WESTERLY
ALONG SAiD PARALLEL LINE 42.01 bEET; IHENCE
SOUTHEASTERLY IN DIRECT LINE lO A POINT IN SAID
EAS'IERLY LINE, DISTAN'I SOUTHERLY ALONG SAID EASIERLY
LINE, 91.12 FEET FROM SAID INTERSECTION, THENCE
NORTHERLY ALONG SAID EASIERLY LINE TO 'IHE POINT OF
BEGINNING.
EXCEPIiNG AND RESERVING UNTO THE SIAIE OF CALIFORNIA
ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE
LAND HEREIN CONVEYED OVER AND ACROSS IHE SOUTHWESTERLY
LINE THEREOF; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
tile review of said Planning Commission action at a public hearing
noticed and held as prescribed by law and, as a result thereof, tile
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.
NOW, THEREFORE, BE 11' RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a O-unit, 3-story apartment project
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
(A) SECTION 18.34.061.010
(B) SECTION 18.34 062.011
(C) SECTION 18.34.062.020
SECTION 18.34.063.032
Minimum Building Site Area
per Dwelling Unit.
(1200 square feet required;
1058 square feet proposed)
Maximum Structural Height·
(2 stories permitted;
3 stories proposed)
Maximum Site Coverage.
(55% permitted; 61%
proposed)
Minimum Recreational
Leisure Area.
(200 square feet per unit
required; 154 square feet
proposed)
That said variance be granted subject to the following conditions:
That the owner of subject property shall dedicate to the
City of Anaheim a strip of land ten (10) feet in width
from the centerline of the street along the public alley
for alley widening purposes.
That the owner of subject property shall dedicate a strip
of land fifteen (15) feet in width along the southwest
property line for sanitary sewer and drainage purposes.
That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to the City of Anaheim iu an amount as determined by the
City Council.
-2-
10.
11.
12.
13.
14.
That curbs and damaged and/or hazardous sidewalks be
removed and/or reconstructed as required by the City
Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
That in the event a parcel map is not recorded combining
the 2 existing lots, the 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 parcel.
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.
That subject property shall be served by underground
utilities.
That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Center
Street in an amount as determined by the City Council.
That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Haintenance and Sanitation Division.
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.
That prior to issuance of a building permit, the
applicant shall present evidence 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, litle 25.
That a six (6)-foot high masonry block wall shall be
coustructed and maintained along the southwest property
line.
That prior to issuance of a building permit, the property
owner shall prepare and record an unsubordinated covenant
limiting occupancy of each apartment unit to no more than
two (2) persons (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 with the office of the
Orange County Recorder. A copy of the recorded covenant
shall be furnished to the Zoning Division.
15.
That gates shall not be installed across the driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public street(s). Installation of any gates
shall conform to Engineering Standard Plan No. 402 and
shall be subject to the review arid approval of the City
Traffic Engineer.
16.
That sut)ject 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
and 2.
17.
That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 6, 9, 12
and 14, 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.
18.
That prior to final building and zoning inspections,
Condition Nos. 4, 5, 8, 10, 11, 13, 15 and 16,
above-mentioned, shall be complied with.
19.
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 ali 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 10th da~v of May, 1988.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW/jd
2452L
051188
-4-
STATE OF CA2LIFORJqia
COUNTY OF OP~GE ) ss.
CiTY OF
i, LEONOF. a N. SOHL, City Clerk of the City of Ana~eim, do hereby certify t~uat
the foregoing Resolution No. 8~R-193 was introduced and adopted at a regular
meeting provided by law, of tt~e City Council of the City of Anaimim t~e±d on
the i0th day of blay, 19~, Dy the following vote of the members tl~ereof:
AYES:
COUNCIL ~IEMBERS: Enrie, Hunter and Bay
COUNC£~ I~EMBEKS: Kaywood
A~STAiNED: COUNCIL ~ZEMBEtiS: Pic~ler
COUNCIL l~MBERS: None
~qD i FURTHER certify that the Mayor of t~e City of Anaheim signed said
Resolution No. 88R-1M5 on the i3tn day of May,
I~{ WITNESS WHEBLEOF, i trove hereunto set my hamd and affixed the seal of tl~e
City of Anaheim this i~th day of May,
CiTf CLERK OF THE CITY OF ANAHEii~I
(S~)
i, L~ON01q~i lq. SOHL, City Clerm of t~te City of Aha/rolm, do hereby certify tt~t
the foregoing is the original of Resolution No. ~R-195 duly passed and
adopted by the Anaheim City Council on May 10, 1~88.
CITY CLERK OF THE CIIY OF ANAHEIM