87-446
RßSOLUTION NO. 87R-446
A RESOLU'fION OF '¡'HE C['rY COUNCIL OF 'rHE CI'fY OF ANAHEIM
GRANTING VARIANCE NO. 3697.
WHEREAS, after a request for variance by YOSHIKO YAMANE, 2615
West Ball Raod, Anaheim, CA 92804 and WILLIAM ROBERTSON, 21'75 West Ball
Road, Anaheim, CA 92801., owner, and HUGO A. VAZQUEZ, 2240 W. Lincoln
Avenue, Anaheim, CA 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. 3697 was granted covering
the following described property:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY
OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
'l'HAT PORTION OF 'fHE WEST HALF OF '{'HE SOU'rHWEST QUAR'rER OF 'fHE
SOU'rHli.:AST QUAR'l'ER OF SEC'l'ION 13, IN TOWNSHIP 4 SOUTH, RANGE
11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 51, PAGE 7, ET SEG., MISCßLLANEOUS MAPS
RECORDS OF SAID ORANGE COUNTY DESCRIBED AS f'OT.LOWS:
BEGINNING AT A PO [NT ON 'itHE SOUTH LINE OF SAID WEST HALF 200
FßET WEST OF THE SOUTHEAST CORNER THEREOF, THENCE WEST ALONG
SA [D SOUTH LINE 100 {i'IŒT, 'rHENCE NORTH PARALLEL TO 'rHE EAST
LINE OF SAID WEST HALF 365 FEET TO THE NORTH LINE OF THE LAND
CONVf:t~YED TO BOIJLY B. BOYKIN AND WH'E, BY DßED RECORDED
DECEM.8ER 24, 1948, IN BOOK 1"(79 PAGE 81 O!:,'/:,'ICIAL RECORDS, IN
'fHE O/:,'l"ICE OF 'rHE COUNTY RECORDER OF SAID ORANGE COUN'ry;
'l'HENCE EAST ALONG 'l'HE NORTH LINE OF SAID LAND OF BOYKIN AND
WIFE, 100 FEET; THENCE SOUTH 365 FEET TO THE POINT OF
BEGINNING.
THAT POR'rION OF 'I'HE WEST ONE-HALF OF 'rHE SOU'I'HWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE
11 WEST, IN THE RANCHO LOS COYOTES, CI'I'Y OF ANAHltaM, COUN'{,Y
OF ORANGE, STA'rE OF CAI,H'ORNIA, AS PER MAP RECORDlW IN BOOK
51 PAGE 1.1 MISCf:t~I.LANEOUS MAPS, IN 'fHE Of'l"ICE OF THE COUN'I'Y
RECORDER OF SAID COUN'n, DESCRIBED AS fOLLOWS: BEGINNING AT
A POINT ON 'fHE SOU'rH LINE OF THE W"~ST HALF OF ~rHE SOUTHWEST
QUAR'l'ER OF 'fHE SOU'rHEAST QUAR'fER OF SAID SEC'rION, 300 I"EET
WEST OF THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG SAID
SOU'rHERLY LINE, 150.00 l"E(t~T, 'rHENCE NORTH PARAI,LEL WITH 'I'HE
WES'r I"INE OF SAID WEST ONE-HALF 365 l"EET TO THE NORTH LINE OF
'l'HE LAND CONVEYED TO BOLLY B. BOYKIN AND WIFE BY D"~It~D
RECORDED DECEMBER 24, 1948 [N BOOK l '779 PAGE 81 OF OI"l"ICIAL
RECORDS; 'fHENGE EAST ALONG 'fHE NOR'l'H LINE OF SAID LAND OF
BOYKLN AND WH'E, 150 r'EET; 'rH¡'~NCE SOU'fH 365 FIŒT TO 'fHE 'I'RUE
POINT OF BEGINNING; and
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....
WHßREAS, 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, THERRFOHE, BE IT RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby,
gl.anted to construct a 3--s tory, 'n --uni t "affordable" apartment complex under
authority of State Government Code Section 65915 on the property hereinbefore
described with waivers of the following sect;ions of the Anaheim Municipal
Code:
SEC'rION 18.34. 06LOIO
êECTI9NS18.34.062.0Il -
18.34.062.011
AND 18.34.062.013
êJiCTIQ!L_1JL.l.1f... 06_2.~20 -
SßC'rION J8. 34 ~_1.~022
êEC'rJ:_ON )::_8.34. 063_,02:i
Minimum building site area
per dwelling unit (1200 sq. ft.
required; 1013 sq. ft. proposed).
~aximum structural height
(~~tory permitted within
150-feet of single-family
residential zoning and 2 stories
over-all permitted; 3 stories
proposed 5 feet from RS-A-43,000
zoning) .
Maximum site coverage
(55% permitted; 61% proposed).
Minimum sideyard setback
(10 feet required for apartment
walls containing windows; 9 feet
proposed) .
Minimum structural setback
- .
(~Jreet required for apartment
walls without windows or doors;
~Lf.e..~~J>roposed) .
That said variance be granted subject to the following conditions:
'rhat the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Ball Road in an amount as
determined by the City Council.
1.
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or
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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 determj ned by the City Counci 1.
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 Ci ty Counci 1.
4.
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.
5.
That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6.
That subject proposal authorized by this resolution shall be served
by underground utilities.
.,.
That fire sprinklers shall be installed as required by the City Fire
Marshall.
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.
'rhat this Variance is granted subject to the adoption of the Zoning
Ordinance in connection with Reclassification No. 87-88-12, now
pending.
10.
That in the event a parcel map is not recorded combining the 2
existing lots, or a recorded covenant and agreement is not recorded
obligating the owner to hold subject property as one parcel, then a
reciprocal parking and access agreement, in a form satisfactory to
the City Attorney, shall be recorded with the office of the Orange
County recorder. A copy of the recorded agreement shall then be
submitted to the Zoning Division.
11.
That gates shall not be installed across any driveway 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 shall be subject to the review and
approval of the City Traffic Engineer.
12.
That all driveways shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
13.
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.
. 3
...
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14.
'rhat lf required by the fire Deparl.ment or Police Department, 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.
15.
That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view.
16.
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, 'ritle 25.
17.
That a six (6)-Hfoot high masonry block wall shall be constructed
and maintained along the north, east and west property lines,
except the required front setback where the wall height shall not
exceed three (3) feet.
18.
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 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.
19.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Rxhibit Nos. 1 through 6 provided, however, that a
minimum of 2.5 parking spaces per unit shall be provided in a
design and location as specificed by Code. If fewer than 193
spaces are provided, the number of units shall be reduced to
maintain a ration of 2.5 spaces per unit.
20.
That the developer record an unsubordinated covenant in a form
approved by the City Attorney, and shall comply with all terms and
conditions of that covenant, to the effect that occupancy of each
unit of the project shall be limited to not more than two (2)
persons (over the age of two [2] years) per bedroom.
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21.
"Phat prior to the commencement of the activi ty authorized
by 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, 3, 4, 9, 10, 16, 17, and 18, 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.
22.
That prior to final building and zoning inspections,
Condition Nos. 5, 6, 7, 8, 12, 14, 15, 17, and 19,
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
1987.
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A'l"fEST:
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Cl'fY CIJERK OF 'fHE CITY OF ANAHIUM
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2109L
111'(87
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANG~
CITY OF ANAHEIM
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ss.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-446 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of October, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
AND 1 FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-446 on the 27th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of October, 1987.
~.. /); S" A ()
þ~_. j( . ~-
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
L, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-446 duly passed and
adopted by the Anaheim City Council on October 27,1987.
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