1985-069RESOLUTION NO. 85R-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3436.
WHEREAS, after a request for variance by PACESETTER
HOMES, INC., owner and CALMARK DEVELOPMENT CORPORATION, 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. 3436 was granted covering the following
described property:
PARCEL l:
BEING A PORTION OF VINYARD LOT F-6, AS SHOVdN ON A
MAP OF THE LANDS OF ANAHEIM, MADE BY GEORGE
HANSEN AND LITHOGRAPHED BY KUCHEL AND PRESSEL, A
COPY OF WHICH MAP IS ANNEXED TO A CERTAIN DEED
EXECUTED BY THE LOS ANGELES VINYARD SOCIETY TO
THE ANAHEIM WATER COMPANY, AND RECORDED IN BOOK
4, PAGE 624 AND FOLLOWING OF DEEDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHERLY 382.75 FEET OF THE WESTERLY 562.58
FEET, MORE OR LESS, OF SAID VINYARD LOT F-6; 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 72-unit affordable condominium
complex on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.31.061.012 - Minimum building site area per
dwelling unit. 3000 square
feet required; 2709 square feet
proposed)
That said variance be granted subject to the following conditions:
1. That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
2. That subject property shall be served by underground
utilities.
3. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
4. That all private streets shall be developed in
accordance with the City of Anaheim's Standard Detail
No. 122 for private streets, including installation of
street name signs. Plans for the private street
lighting, as required by the standard detail, shall be
submitted to the Building Division for approval and
included with the building plans prior to the issuance
of building permits. (Private streets are those which
provide primary access and/or circulation within the
project.
5. 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.
6. 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; provided,
however, that any fee required hereunder be applied to
the reconstruction of the traffic signal pursuant to
Condition No. 7 hereof.
7. That prior to final building and zoning inspections, the
owner(s) of subject property shall obtain a parking
prohibition (by ordinance) on the south side of Broadway
adjacent to subject property. The developer shall make
all off-site traffic improvements as required by the
City Engineer and the City Traffic Engineer including
the re-striping of Broadway to provide left turn access
to the property, the relocation of existing street
improvements on Broadway and the reconstruction of the
existing traffic signal at Citron Street and Broadway.
The dollars otherwise charged in connection with traffic
signal assessment fees for this project shall be applied
to the reconstruction of said traffic signal. Security
in the form of a bond, certificate of deposit, letter or
credit, or cash, in an amount and form satisfactory to
the City of Anaheim, shall be posed 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.
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8. That temporary street name signs shall be installed
prior to any occupancy if permanent street name signs
have not been installed.
9. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation
Division and in accordance with specifications on file
with said division.
10. That P.C.C. sidewalks shall be constructed to join
public sidewalks on both sides of all vehicular
accessways to subject property.
11. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Citron Street
in an amount as determined by the City Council.
12. That street lighting facilities along Broadway 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.
13. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along
Broadway and Citron Street in an amount as determined by
the City Council.
14. That the owner of subject property shall execute and
record a covenant obligating the owner (and his
successors) of the property immediately south of subject
property to perpetually maintain the five (5)-foot wide
landscaped area located on the southerly five (5)-feet
of subject property. The form of said covenant shall be
approved by the City Attorney's Office and shall then be
recorded in the Office of the Orange County Recorder.
15. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect
vehicular traffic in the adjacent public streets.
Installation of any gates within a distance of forty
(40) feet from said public street rights-of-way shall be
subject to the review and approval of the City Traffic
Engineer.
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16. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City
Traffic Engineer.
17. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the
satisfaction of the City Fire Marshall and the City
Chief of Police.
18. That the seller shall provide the purchaser of each
residential dwelling with written information concerning
Anaheim Municipal Code Section 14.32.500 pertaining to
"Parking restricted to facilitate street sweeping".
Such written information shall clearly indicate when
on-street parking is prohibited and the penalty for
violation.
19. That all air conditioning facilities shall be properly
shielded from view and the sound buffered.
20. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the
Chief Building Inspector that the residential units will
be in conformance with Noise Insulation Standards
specified in the California Administrative Code, Title
25.
21. 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".
22. That a 6-foot high masonry block wall shall be
constructed and maintained along the east property line.
23. That prior to final tract map approval, 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 sold as low or
moderate income housing as defined in Government Code
Section 65915 and with appropriate resale controls as
approved by the City of Anaheim. The resale controls
restricting sale of the units to households of low or
moderate income shall be in effect for a period of not
less than twenty (20) years.
24. That this Variance is granted subject to the adoption of
the zoning ordinance in connection with Reclassification
No. 84-85-11, now pending.
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25. 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 3.
26. That prior to the start of any construction activities
including grading or delivery of building materials, the
developer shall obtain the Police Department's
concurrence with the phasing of the construction
activities. Said construction activities shall be
coordinated with the Police Department helicopter
flights.
27. That tentative and final tract maps shall be submitted
to the City of Anaheim for approval and a final tract
map recorded in the Office of the County Recorder.
28. 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. 4, 6, 11, 12, 13,
14, 20, 21, 24, 26 and 27, 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.
29. That prior to final building and zoning inspections,
Condition Nos. 1, 2, 3, 7, 8, 9, i0, 16, 17, 19, 22 and
25, 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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of February, 1985.
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MAYOR OF THE CITY F ANAHEIM
ATTEST:
CITY CLERK OF THE C.~TX' OF ANAHEIM
JLW:pm
2495U
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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. 85R-69 was introduced and adopted at a regular ,..,,~
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of February, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood and Overholt
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-69 on the 5th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of February, 1985.
iC,~ ~ ~ _
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. 85R-69 duly passed and adopted
by the Anaheim City Council on February 5, 1985.
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CITY CLERK
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