Loading...
87-191 RESOLUTION NO. 87R~191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3645. WHEREAS, after a request for variance by NORMA WU, TAINAN GROUP, 6965 Aragon Circle, Buena Park, California 90620, owner, and YAW-KAI HUANG, 1414 Oxford Road, San Marino, California 91108, 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. 3645 was granted covering the following described property: THE SOUTH 125.00 FEET OF THE NORTH 346.00 FEET OF THE EAST 270.00 FEET OF TIlE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. 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 two-story 21-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.020 Maximum site coverage. (55% permitted; 57% proposed) That said variance be granted subject to the following conditions: park and Anaheim That prior to issuance of a building permit, appropriate recreation in-lieu fees shall be paid to the City of 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 the existing most southerly driveway on Magnolia Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 4. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 5. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-A pertaining to standard details for parking structures and ramp requirements. 6. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That street lighting facilities along Magnolia Avenue shall be installed as required by the Utilities 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 issuance of building permits. The above-required improvements shall be installed prior to occupancy. 9. That subject property shall be served by underground utilities. 10. 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. 11. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 13. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshall. -2- 14. That fire sprinklers shall be installed as required by the City Fire Marshall. 15. That the curbing adjacent to subject property shall be painted red to facilitate on-street trash pick-up. 16. 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. 17. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector 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. 18. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 86-87-25, now pending. 19. That the proposed office/laundry/storage room on the first floor shall not be used for or converted to a habitable residential area(s) and that the owner(s) of subject property shall execute and record a covenant attesting to same in a form approved by the City Attorney's Office. A copy of the recorded covenant shall then be submitted to the Planning Department. 20. That prior to issuance of a building permit, the property owner shall prepare and record an unsubordinated covenant limiting the occupancy of each apartment unit to no more than four (4) persons (other than children under the age of two [2] years). 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. A copy of the recorded covenant shall be furnished to the Planning Department. 21. 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 5 and Revision No. 1 of Exhibit Nos. 4 and 5; provided, however, that a six (6)-foot high masonry block wall shall be constructed along the south property line with the height being measured from the highest adjacent grade level. 22. 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, 8, 12, 17, 18, 19 and 20, 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. 23. That prior to final building and zoning inspections, Condition Nos. 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 1S, 16 and 21, above-mentioned, shall be complied with. -3- 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. THE FOREGOING RESOLUTION is City Council of approved and adopted by the the City of Anaheim ~~y, 1987. MAYOR OF THE CITY OF ~NAHEIM ATTEST: BG:fm 1883L 061687 -4- 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-191 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of May, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None 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-191 on the 12th day of May, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1987. ~"CITY CLERK OF THE 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-191 duly passed and adopted by the Anaheim City Council on May 12, 1987. ~.CITY CLERK OF THE ANAHEIM