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88-387 RESOLUTION N0. 88R-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE N0. 3794. WHEREAS, after a request for variance by JOSEPH J. MAKABI, JALEH J. MAKABI, et al, 3333, 3335 and 3335-1/2 W. Ball Road, Anaheim, CA 92803, owner, and Magdy Hanna, 4000 MacArthur Boulevard, #680, Newport Beach, CA 92660, 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. 3794 was granted covering the following described property: THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 14, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SHUWN ON A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORUS OF SAID COUNTY, UESCRIBEU AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14, BEING THE CENTER LINE INTERSECTION OF BALL ROAU (60.00 FEET WIDE) AND WESTERN AVENUE (40.00 FEET WIDE); THENCE SUUTH 89° 37' 25" WEST 1326.33 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 14 TO THE 1RUE POINT' OF BEGINNING: THENCE NORTH 0� 15' 13" WEST 375.00 FEET: THENCE SUUTH 89� 37' 25" WEST 100.00 FEET: THENCE SOUTH 0° 14' 48" EAST 375.00 FEET TO THE SAID SOUTH LINE OF THE SUUTHWEST' QUARTER OF SECTION 14; THENCE ALONG SAID SOUTH LINE NORTH 89� 37' 25" EAST 100.04 FEET T4 THE TRUE 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 (l00) of the housing development for persons and families of low income as defined in Section 50093 of 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 .M consisting of a density increase over the othewise 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 1- and 2-story, 12-unit "affordable" condominium complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.31.061.010 - Minimum building site area er dwellin unit. 3000 square feet required; 2684 square feet proposed) SECTIONS 18.31.062.012 - Maximum structural hei ht. and 18.31.062.013 1 story permitted within 50 to 150 feet of single family residential zoning; 2 stories proposed 10 feet from RS-A-43,000 zoning and 20 to 50 feet from RS-7200 zoning) SECTIUN 18.31.063.024 - Minimum structural setback a utting a single- amily residential zone. 20 feet fully landscaped required; 3 feet proposed adjacent to RS-7200 zoning and 10 to 12 feet proposed adjacent to RS-A-43,000 zoning) SECTION 18.31.063.030 - Minimum recreational/leisure area. 1000 square feet per unit required; 6b5 square feet proposed) That said variance be granted subject to the following conditions: l. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. -2- 2. That sidewalks shall be repaired along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That the existing driveways on Ball Road shall be removed and replaced with standard curb and gutter, sidewalk and landscaping. 4. That the driveway on Ball Road shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 5. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-50, now pending. 6. 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 llivision in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 7. That fire sprinklers shall be installed in the garages and the dwelling units as required by the City Fire Department. 8. That subject property shall be served by underground utilities. 9. 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. 10. That a parking plan indicating compliance with City parking design standards shall be submitted to and approved by the City Traffic Engineer. 11. That all private streets shall be developed in accordance with the Engineering llivision's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as = required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project). 12. That prior to any occupancy, temporary street name signs shall be installed if permanent street name signs have not been installed. -3- 13. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 14. That a tract map to record the division of subject project shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 15. That if required by the Fire 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. 16. 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. 17. 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. 18. 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. 19. That a six (6)-foot high masonry block wall shall be constructed and maintained along the north, east and west property lines excepting the front setbacks where the wall height shall not exceed three (3) feet. 20. 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 ten percent (l00) of the permitted number of residential units shall be sold as very low income housing as defined in Government Code Section 65915 and with appropriate resale 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. 21. 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 llivision and in accordance with specifications on file with said division. 22. That the purchaser of each residential dwelling unit shall be provided with written information concerning Anaheim Municipal -4- Code Section 14.32.500 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. �. 23. That plans for a vehicular turn-around for fire and sanitation trucks at the terminus of Deerwood Drive shall be submitted to and approved by the City Fire Department and Street Maintenance and Sanitation Division. 24. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 3; provided, however, that roll-up garage doors shall be installed in the 8 garage parking spaces facing Deerwood Drive and that each of the three-bedroom units shall have a floor area of at least 1150 square feet. 25. That prior to issuance of a building permit, the landscape plan shall be submitted to and approved by the Planning Department. 26. 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, 5, 6, 9, 10, 11, 14, 18, 19, 20, 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. 2, 3, 4, 7, 8, 12, 13, 15, 16, 17, 21 and 24, above-mentioned, shall be complied with. 28. 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. -5- THE FOREGOING RESULUTION is approved and adopted by the City Council of the City of Anaheim this llth ay of October, 1988. MAYOR OF THE CIT OF ANAHEIM ATTEST: �� � �, C C'R_ 0 TH C I U AN HE IM -6- 2790L 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. 88R-387 was introduced and adopted at a regular meeting provided by law, of the City Council of the City o� E1::ahei^: he.�d on the llth day of October, 1988, by the following vote of the member� therzof: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: COUNCIL MEMBERS: Pickler ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-387 on the 2nd day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of November, 1988. ��C'� � �•CITY CLERK OF THE CI 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. 88R-387 duly passed and adopted by the Anaheim City Council on October 11, 1988. �• � ITY CLERK OF THE CI.. OF AN.t�HEIM