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1985-376RESOLUTION NO. 85R-376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3495. -°~ WHEREAS, after a request for variance by ROGER R. DITTMAN, owner, and YOLDASH DEVELOPMENT, 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. 3495 was denied covering the following described property: THE WESTERLY 56.82 FEET OF THE FOLLOWING DESCRIBED LAND, SAID WESTERLY 56.82 FEET BEING MEASURED ALONG THE SOUTHEASTERLY LINE THEREOF: ALL THAT PORTION OF THE RANCHO SAN JUAN CAJON DE SANTA ANA, BEING A PORTION OF LOT ONE OF ANAHEIM EXTENSION, AS SAID LOT ONE IS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND ACKNOWLEDGED BY ALFRED ROBINSON, TRUSTEE, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT, BEING THE THE SOUTH LINE OF LA PALMA AVENUE, DISTANT THEREON 93.41 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT 161.92 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 279.849 FEET; THENCE NORTH 73° 45' 10" EAST 156 FEET TO A LINE WHICH IS PARALLEL WITH THE EASTERLY LINE OF SAID LOT THROUGH THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE 234.546 FEET TO THE POINT OF BEGINNING; 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; and 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; and 3. 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 or moderate income as defined in Section 50093 of the Health and Safety Code; and ~- 4. 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. WHEREAS, 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 7-unit affordable condominium complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.080 - 18.06.050.0121 AND 18.31.066.010 SECTION 18.31.061.012 SECTION 18.31.062.020 SECTION 18.31.063.011 SECTION 18.31.063.031 Minimum number of parking spaces (18 spaces, 14 covered or enclosed required; 17 spaces, 14 enclosed pro- posed) Minimum lot area per dwelling unit (3000 sq. ft. required; 2010 sq. ft. proposed) Maximum site coverage (40% permitted; 46~ proposed) - Minimum front yard setback (15 ft. minimum with 20 foot average required; 13 ft. proposed) - Minimum recreational-leisure area (1000 sq. ft. per dwell- ing unit required; 784 sq. ft. proposed) That said variance be granted subject to the following conditions: -2- 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 all engineering requirements of the City of Anaheim along La Palma Avenue, including relocation of existing curb and gutter to the ultimate location, and, 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. 4. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That subject property shall be served by underground utilities. 7. 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. 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. That if subject project is developed as a condominium subdivision, 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.) Standard detail No. 122 shall be modified to provide for a 25-foot wide street. -3- 10. That an access easement shall be acquired over the adjacent property to the west. 11. That the proposed driveway shall be realigned perpendicular to La Palma Avenue as per the requirement of the City Traffic Engineer. 12. That all dwelling units located 150 feet or further from La Palma Avenue shall be fully sprinklered as required by the City Fire Marshal. 13. 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 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. 14. 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 541 "Sound Attentuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 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 street(s). Installation of any gates within a distance of forty (40) feet from said public street right(s)-of-way shall be subject to the review and approval of the City Traffic Engineer. 16. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 17. 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. 18. 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. 19. That a six (6) foot high masonry block wall shall be constructed and maintained along the southerly property lines and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said wall prior to final building inspection. -4- 20. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 84-85-40, 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 through 3. 22. 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, 2, 10, 13, 14 and 20, 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. 23. That prior to final building and zoning inspections, Condition Nos. 4, 6, 8, 9, 11, 12, 17, 18, 19 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 RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of Au st, 1985. M YOR OF THE CI OF ANAHEIM ATTEST: CITY CLARK OF THE CITY OF ANAHEIM JLW : fm 4214M 091785 -5- ,~-- ... 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. 85R-376 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of August, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-376 on the 20th day of August, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of August, 1985. 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-376 duly passed and adopted by the Anaheim City Council on August 20, 1985. CITY CLERK