88-185RESOLUTION NO. 88R-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3756.
WHEREAS, after a request for variance by ALBERT COHEN,
3301 Barrydell, Los Angles, California 90064, owner, and HUGO A.
VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, California 92805,
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. 3750 was granted covering
the following described property:
PARCEL 1: THE SOUTH 198.00 FEE'i, MEASURED FROM THE
CENTER LINE OF LA PALMA AVENUE, OF THE EAST 44.00 FEEl
OF LOT 11 OF THE MILES RANCHO, IN THE CITY OF ANAHEIM,
AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS
MAPS, tN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL
OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN
AND UNDER SAID LAND, BUT WITHOUT THE RIGHT TO ENTER
THE SURFACE THEREON ABOVE DEPTH OF 500 FEET, AS
RESERVED BY JERRY C. DOLAN, et ux., IN DEED TO LESLIE
E. BUCK, et ux. RECORDED SEPTEMBER 28, 1955, in BOOK
3226, PAGE 149, OF OFFICIAL RECORDS.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 6 PAGE 43 OF RECORD SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: THE SOUTH 308.21 FEET OF THAT PORTION OF
LOT 11 OF TIlE MILES RANCHO, IN THE CITY OF ANAHEIM,
SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 7,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
AS
BEGINNING Al' A POINT ON THE EASTERLY LINE OF LOT 11,
652.8 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT
11, AND RUNNING THENCE WESTERLY PARALLEL WITH THE
NORTHERLY LINE OF SAID LOT 11, 106 FEET; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LO2'
11 TO THE SOUTHERLY LINE THEREOF; THENCE EASTERLY
ALONG SAID SOUTHERLY LINE TO THE SOUTHEASTERLY CORNER
OF SAID LOT 11; TIIENCE NORTHERLY ALONG THE EASTERLY
LINE OF SAID LOT 11 TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 44 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE NORTH 180.21 FEET
THEREOF.
NOTE 1: SAiD LAND IS SHOWN ON A MAP OF SURVEY
RECORDED IN BOOK 6, PAGE 43, RECORD OF SURVEY; 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 llearing
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 tile zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
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. Tile 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 12-unit, 3-story "affordable"
apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
(A) SECTION 18.06.050.0121-
and 18.34.066.010
SECTION 18.34.061.010 -
SECTION 18.34.062.011 -
Required coverage of parking
~2~ces'
covered spaces required; 19
covered and 11 partially covered
sp~proposed)
CB)
Minimum building site area per
dwelling unit.
(1200 square feet per dwelling
unit;
1074 proposed)
(c)
Maximum structural height.
(2 stories permitted; 3 stories
proposed).
(D) SECTION 18.34.062.020 - Maximum site coverage.
(55% permitted; 76% proposed).
(E) SECTION 18.34.063.023
Required sideyard setback.
(5 ft required for walls without
windows or main entrances; none
proposed).
-2-
That said
1.
o
variance be granted subject to the following conditions:
That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 87-88-40, now pending.
That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along La
Palma Avenue in an amount as determined by the City
Council.
That in the event a parcel map is not recorded combining
the two existing lots, the property owner/developer 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 ali engineering requirements of the City of Anaheim
along La Palma Avenue, 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; or 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,
shalt be posted with the City to guarantee the
satisfactory completion of said improvements. Said
security shall be posted with the City prior issuance of
a building permit, to guarantee the installation of the
above-required improvemeuts prior to occupancy.
That street lighting facilities along La Palma Avenue
shall be installed as required by the Utilities General
Manager in accordance with specifications on file in the
Office of Utilities General Manager, or 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 the
above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to issuance of a
building permit. The above-required improvements shall
be installed prior to occupancy.
That subject property shall be served by underground
utilities.
That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the
City of Anaheim pursuant to Government Code Section 65915
to provide that two (2) units, one townhouse style and
one stacked style unit, shall be rented as very iow
-3-
10.
11.
12.
13.
14.
15.
16.
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 twenty
(20) years from the date of issuance of occupancy permits.
That prior to issuance of
appropriate traffic signal
to the City of Anaheim in
City Council.
a building permit, the
assessment fee shall be paid
an amount as determined by the
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 electric gates to be installed across the driveways
shall conform to Engineering Standards and shall be
subject to the review and approval of the City Traffic
Engineer.
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.
'lhat trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
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, Title 25.
That a six (6)-foot high masonr7 block wall shall be
constructed and maintained along the west and east
property lines excepting the front setback where the wail
height shall not exceed three 3) feet.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1, 2 and Revision No.
1 of Exhibit No. 3; provided, however, that the driveway
on La Palma Avenue shall be constructed with proper
barriers to provide right turns only, and the design
shall be approved by the City Traffic Engineer.
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, 4, 5, 7,
8, 9 and 13, 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.
-4-
17.
That prior to final building and zoning inspections,
Condition Nos. 4, 5, 6, 12, 14 and 15, 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
tile request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that tile 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
City Council of the City of
RESOLUTION is
ATTEST:
2445L
050988
approved and adopted by tile
Anaheim thisQSrd day ~f May, 1988.
ANAHEIM
-5-
SLATE OF CALIFOKN±A )
COUNTY OF ORANGE ) ss.
CiTY OF ~AHEIM )
±, ~NN M. SAUVAGEAU, Assistant City Cier~ of t~e City of Anaheim, do hereby
certify that the foregoing Resolution No. 88R-±85 was introduced and adopted
at a regular meeting provided oy law, of the City Council of the City of
~tnaheim held on the ~rd day of May, 19U6, by the foiiowing vote of the members
thereof:
A~ES: COUNCIL ~MBERS: Ehrle, Hunter, Bay
NOES: COUNCIL ?~MBEKS: Kaywood
~BSENT: COUNCIL ~MBEKS: Pickler
~ND I FURTHER certify t~at the i~ayor of the City of Anaheim signed said
Resolutiou No. 88R-1~5 on the 10th day of May, 1988.
iN WITNESS W~tEitEOF, I aave hereunto set my hand and affixed the seal of the
City of Anaheim t~is 1Uth day of May, 1988.
~~TY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 88R-184 duly
passed and adopted by the Anaheim City Council on May 3, 1988.
CITY CITY OF ANAHEIM