Loading...
86R-021 RESOLUTION NO. 86R-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3509. WHEREAS, after a request for' variance by CORNELIUS W. DERUYTER AND MARY ALICE DERUYTER, 530 North Colgate Street, Anaheim, California 92801 and HACIENDA UNITED CORPORATION, 946 Everett Steeet, #1, Los Angeles, California 90026, owners, and HUGO A. VAZQUEZ, 619 South Live Oak Drive, Anaehim, California 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. 3509 was granted in part and denied in part covering the following described property: THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, DESCRIBED AS FOLLOWS: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 131, PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 141 PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 20 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 141 PAGES 46 AND 47 OF PARCEL 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 permitting a 3-story 46-unit affordable housing 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. (1,200 sq. ft. required; 991 sq. ft. proposed) 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 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 for each new dwelling unit. 3. That the owners of subject property shall acquire a recorded covenant granting an access easement from the property owner immediately west of subject property for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. 4. That the existing most easterly and westerly driveways on Lincoln Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the property owner shall abandon the existing public utilities easement on the westerly portion of subject property. 7. That subject property shall be served by underground utilities. -2- 8. 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. 9. 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. 10. That a fire access and protection plan shall be submitted to and approved by the City Fire Marshal. 11. That all engineering requirements of the City of Anaheim along Lincoln Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with 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 issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 12. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures. 13. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 14. 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. 15. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 16. 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. 17. 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 twenty-five percent (25%) of the permitted number of residential units shall be rented as low or moderate income housing as defined in Government Code Section 65915 and with appropriate rental -3- 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. 18. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 85-86-5, now pending. 19. That the basement level containing the covered parking shall be designed to be located more than 50% below the natural grade level of the subject property, as measured along the site perimeter and as shown. on the approved exhibits. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No.1, Exhibit Nos. 1 through 4. 21. 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, 6, 8, 9, 10, 11, 12, 16, 17, 18 and 19, 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. 4, 5, 7, 11, 13, 15 and 20, 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. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anahei~,~~' 1986. MAY OF T E T ANAHEIM ATTES~/~ /)f ~ ~A / LS;: CITY CLERK OF THE CITY OF ANAHEIM 4408U MES:pm -4- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-02l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of January, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-021 on the 14th day of January, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of January, 1986. cI~12fT~ (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-021 duly passed and adopted by the Anaheim City Council on January 14, 1986. ~/t~ ~ CITY CLERK '-