Loading...
90-078 RESOLUTION NO. 90R-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4011. WHEREAS, after a request for variance 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. 4011 was granted covering the following described property: PARCEL 1: THE WEST 72 FEET OF THE EAST 254.78 FEET OF THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 7, ET SEQ., OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 THE WEST ?2 FEET OF THE EAST 306.?8 FEET OF THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 IN TOWNSHIP 4 SOUTH, RANGE 11~ WEST, IN THE RANCHO LOS COYOTES, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 7, ET SEQ., 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 the developer of said property has agreed to construct at least twenty-five percent (25%) of the housing development for persons and families of low and moderate income as defined in Section 50093 of the Health and Safety Code; and 2. For the aforesaid reason, Section 65915 of the Government Code authorizes the City to grant to developer a density bonus consisting of a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. 031590 GRNTG VAR. 4011 WttEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 2-story, 44-unit, "affordable" apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.123 Design of off-street parking. and 18.54.066.010 (Tandem parking permitted only on one side of driving aisle; tandem parking proposed on both sides of aisle) SECTION 18.34.061.010 Minimum building site area per dwelling unit. (1,200 sq. ft. required; 957 sq.£t. proposed) That said variance be granted subject to the following conditions: 1. That grading and drainage shall be provided in conformance with Chapter 17.04 "Grading Excavations, Fills and Watercourses" of the Anaheim Municipal Code. 2. That written approval shall be obtained from the Orange County Sanitation District(s) for connection of the sanitary sewer serving subject property to the county sewer trunk on Orange Avenue. Written proof of said approval shall be submitted to the City of Anaheim. 3. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 4. That garage doors shall not be installed for any parking spaces which are in a tandem arrangement, as specified by the City Traffic Engineer. 031590 -2- GRNTG VAR. 4011 S. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. 6. That all parking spaces shall be double-striped in conformance with Engineering Standard No. 601-D. 7. That a fee shall be paid to the City of Anaheim for street lighting along Orange Avenue in an amount as established by City Council resolution. 8. That a fee shall be paid to the City of Anaheim for tree planting along Orange Avenue in an amount as established by City Council resolution. 9. That subject property shall be served by underground utilities. 10. That fire sprinklers shall be installed as required by the City Fire Department. A 13-R system is not permissible. 11. That a fire alarm system, shall be installed as required by the Fire Department. 12. 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 established by City Council resolution. 15. 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 established by City Council resolution. 14. That the driveway on Orange Avenue shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 15. That both spaces in each pair of tandem parking spaces shall be assigned to the same dwelling unit. 16. That any lockable pedestrian and/or vehicular access gates shall be equipped with a "knox box" device, as required and approved by the Fire and/or Police Departments. 17. 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. Such information shall be specifically shown on the plans submitted for building permits. 031590 -3- GRNTG VAR. 4011 18. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 19. That prior to issuance of a building permit, satisfactory evidence shall be presented to the Building Division showing 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. 20. That the on~site landscaping and irrigation system shall be maintained in compliance with City standards. 21. That prior to issuance of a building permit, the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that at least twenty-five percent (25%) of the permitted number of residential units shall be rented as low or moderate income housing as defined in California Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of occupancy permits. 22. That prior to issuance of a building permit, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more than two (2) persons (other than children under the age of two (2) years) per bedroom. 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 Zoning Division. That an unsubordinated covenant shall be recorded agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. 24. That all block wall fences shall be planted and maintained with clinging vines to eliminate graffiti opportunities. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. I and 2, and Exhibit Nos. 3 through 6. 031590 -4- GRNTG VAR. 4011 26. That, if it is determined that subject property consists of two (2) legal parcels, the legal property owner shall either: a. Submit a lot line adjustment plat to combine the 2 existing lots to the Subdivision Section for review and approval by the City Engineer prior to recordation in the Office o£ the Orange County Recorder; or b. Record an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. 27. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 through S, 7, 8, 12, 13, 17, 18, 19, 21, 22, 23, and 26, 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. 28. That prior to final building and zoning inspections, Condition Nos. 6, 9, 10, 11, 14, 24 and 25, above-mentioned, shall be complied with. 29. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 approved and adopted by the City Council of the City of Anaheim this 15th day of March, 1990. ATTEST: JLW: db 3552L/031590 =5= GRNTG VAR, 4011 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. 90R-78 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of March, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-78 on the 20th day of March, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of March, 1990. CITY CLERK OF THE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-78, duly passed and adopted by the Anaheim City Council on March 13, 1990.