87-225 RESOLUTION NO. 87R-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3654.
WHEREAS, after a request for variance by WARREN S. LIU,
ET AL, 2736-2740 West Lincoln Avenue, Anaheim, California 92801,
owners, and MAGDY HANNA, 4000 MacArthur boulevard, #680, Newport
Beach, California 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. 3654
was granted in part covering the following described property:
THE EAST 190.00 FEET OF THE WEST 315.00 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, 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 three (3) story, 111 unit
"affordable" apartment complex under authority of State Government
Code Section 65915 on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
SECTIONS 18.04.043.101
AND 18.34.064.070
Permitted encroachment into
required yard. (Maximum 6
feet high wall permitted
along east property line;
8 feet proposed)
SECTION
18.34.061.010
Minimum building site area
per dwelling unit. (1200
square feet required; 983
square feet proposed)
SECTIONS 18.34.062.011,
18.34.062.012
AND 18.34.062.013
Maximum structural height.
(1 story within 150 feet of
single-family residential
zoning; and 2 stories maxi-
mum permitted; 2 and 3
stories proposed)
SECTION
18.34.062.020
Maximum site coverage.
(55% permitted; 76% pro-
posed)
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Lincoln Avenue in
an amount as determined by the City Council.
2. 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.
3. 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 the City Council.
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-B pertaining to standard
details for parking structures and ramp requirements.
6. That the driveway 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 subject property shall be served by underground
utilities.
9. 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.
10. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
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11. That prior to issuance of building permit, the
appropriate fees due for primary, secondary and fire protection
shall be paid to the Water Utility Division by the Developer in
accordance with Rules ISA and 20 of the Hater Utility Rates, Rules
and Regulations.
12. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Lincoln Avenue in an
amount as determined by the City Council.
13. That the owner/developer shall comply with the following
as required by the Fire Department:
a. That the entire complex including the dwelling
units and garages, shall be fully sprinklered with a commercial
sprinkler system.
b. That 2-1/2-inch water outlets delivering S00 G.P.M.
shall be installed at grade level so that no portion of the
building is further than 150 feet from any outlet.
c. That a local fire alarm system shall be installed
as reviewed and approved by the Fire Department.
14. That in the event a parcel map is not recorded combining
the two existing lots, the property owner shall furnish the
Planning Department a recorded covenant and agreement in a form
approved by the City Attorney to hold subject property as one
parcel.
15. 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.
16. That ail 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 a six (6)-foot high masonry block wall shall be
constructed and maintained along the south property line, and an
eight (8) foot high block wall shall be constructed and maintained
along the east property line provided that the wall height shall
not exceed 50 inches in the front setback along Lincoln Avenue.
The design, color and materials of the 8-foot block wall shall be
acceptable to the property owners to the east and proof thereof
shall be furnished to the Planning Department.
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19. 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
ten percent (10%) of the permitted number of residential units
shall be rented as low income housing as defined in Government Code
Section 65915 to families at 50% of median income or less 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.
20. That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification No.
86-87-32, now pending.
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 and 2; and that the building design,
materials and colors shall conform to the colored rendering marked
Exhibit No. 3.
22. That the developer record an unsubordinated covenant and
comply with all terms and conditions of that covenant which would
limit occupancy of each unit of the project to not more than two
(2) persons (over the age of two [2] years) per bedroom.
23. 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, 11, 12, 14, 17, 18, 19, 20
and 22, 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.
24. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 6, 7, 8, 10, 13, 15, 16 and 21,
above-mentioned, shall be complied with.
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 RESOLOTION is approved and adopted by the
City Council of the City of Anaheim t~-~ 2nd d~f June, 1987.
MAYOR OF THE CITY OF~-~A AHEIM
ATTEST:
C~TY CLERK OF THE CITY OF ANAHEIM
BG:fm/1980L
082587 -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-225 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2nd day of June, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-225 on the 2nd day of June, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of June, 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-225 duly passed and
adopted by the Anaheim City Council on June 2, 1987.
CITY CLERK OF THE CITY OF ANAHEIM