87-134 RESOLUTION NO. 87R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3638.
WHEREAS, after a request for variance by HUGO VASQUEZ,
2240 W. Lincoln Avenue, Anaheim, California 92805, owner, 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. 3638 was granted covering the following
described property:
PARCEL 1:
LOT 1 IN BLOCK L OF THE CENTER TRACT, iN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 13 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
PARCEL 2:
LOT 2 AND THE WESTERLY 24 FEET OF LOT 3 IN BLOCK L OF
THE CENTER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 14, PAGE 13 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA; 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
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 IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted to construct a fourteen (14) 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
per dwelling unit. (1200
square feet per dwelling
unit required; 1062 square
feet per dwelling unit pro-
posed)
SECTION 18.54.062.011
Maximum structural height.
(2 stories at 30 feet in
height permitted; 3 stories
at 55.5 feet in height pro-
posed)
SECTION 18.54.062.020
Maximum site coverage.
(55% permitted; 59.1% pro-
posedJ
That said variance be granted subject to the following conditions:
1. 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.
2. That prior to issuance of a
appropriate traffic signal assessment
of Anaheim in an amount as determined
building permit, the
fee shall be paid to the City
by the City Council.
3. That all existing street improvements along Broadway and
Philadelphia Street shall be removed to center line of street and
reconstructed at the ultimate location, including preparation of
improvement plans, as required by the City Engineer and in
accordance with specifications on file in the Office of the City
Engineer; and 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 said improvements.
Said security shall be posted with the City prior to approval of
improvement plans, to guarantee the installation of the
above-required improvements prior to occupancy.
4. That all driveways
to accommodate ten (10) foot
City Traffic Engineer.
shall be constructed or reconstructed
radius curb returns as required by the
5. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
6. That subject property shall be served by underground
utilities.
7. 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.
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8. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
9. That gates shall not be installed across any driveway or
private street 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
subject to the review and approval of the City Traffic Engineer.
10. That street lighting facilities along Philadelphia Street
shall be installed as required by the Htilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager, and 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 approval of improvement plans. The
above-required improvements shall be installed prior to occupancy.
11. 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 4.
12. 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 (a)
that twenty-five percent (25%) of the permitted number of
residential units shall be rented as iow or moderate income housing
or (b) that ten percent (10%) of the permitted number of units
shall be rented as very low 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.
15. That prior to the commencement of the activity authorized
under this resolution, or 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, 5, 10 and 12,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.05.090 of the Anaheim Municipal Code.
14. That prior to
Condition Nos. 3, 4, 5,
complied with.
final building and zoning inspections,
6, 8, 9 and 11, above-mentioned, shall be
BE IT FORTHER 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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City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 7th day of April, 1987.
MA~CI~°~TY0 ANAHEIM
ATTEST:
BG:fm
1845L
060387
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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. 87R-134 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 April, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-134 on the 7th day of April, 1987.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of April, 1987.
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. 87R-134 duly passed and
adopted by the Anaheim City Council on April 7, 1987.
CITY CLERK OF THE CITY OF ANAHEIM