1985-483RESOLUTION NO. 85R-483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3504.
WHEREAS, after a request for variance by GRAY S. AND
PAULA S. KILMER, 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. 3504 was granted in
part and denied in part covering the following described property:
LOTS 1, 2, 3, 26, 27 AND 28, IN BLOCK 6 OF THE SANTA
FE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE
49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY
RECTANGULAR 11.00 FEET OF SAID LOT 3 AND THE SOUTHERLY
RECTANGULAR 11.00 FEET OF SAID LOT 26.
THE SOUTHEASTERLY
OF LOTS 4 AND 25,
OF BLOCK 6, SANTA
COUNTY OF ORANGE,
RECORDED IN BOOK
COUNTY; and
RECTANGULAR 11 FEET OF LOT 3 AND ALL
AND THE SOUTHERLY 11 FEET OF LOT 26
FE TRACT, IN THE CITY OF ANAHEIM,
STATE OF CALIFORNIA, AS PER MAP
21, PAGE 49, RECORDS OF LOS ANGELES
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 for a 19 unit affordable 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
SECTION 18.34.062.011 - Maximum structural height
SECTION 18.34.062.020 - Maximum site coverage
SECTION 18.34.062.032 - Minimum floor area
SECTION 18.34.063.012 - Minimum structural setback
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 32 feet in
width from the centerline of the street along Olive Street for
street widening purposes.
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 determined by the City Council.
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 City Council for each
new dwelling unit.
4. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
5. That subject property shall be served by underground
utilities.
6. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
7. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
8. That street lighting facilities along Olive Street,
Cypress Street and Santa Fe Street 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.
9. 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
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 Government Code Section 65915 and with appropriate
rental controls as approved by the City of Anaheim for a period of
not less than ten (10) years from the date of issuance of occupancy
permits.
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10. That the proposed parking structure design shall conform
to Engineering Standard Plan No. 402 pertaining to standard details
for parking structures.
11. 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.
12. That 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 Marshal.
13. That fire sprinklers shall be installed as required by
the City Fire Marshall.
14. 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 within a
distance of sixty (60) feet from said public street right(s)-of-way
shall be subject to the review and approval of the City Traffic
Engineer.
15. 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.
16. 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.
17. 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.
18. 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.
19. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 4, and
Exhibit No. 5; and that turrets shall be constructed as shown on
the colored drawing marked Exhibit No. 5.
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20. 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, 8, 9, 10, 13, 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. 4, 5, 6, 7, 8, 12, 14, 15 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 FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12th day of November, 1985.
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MAYOR OF THE CITY O ANAHEIM
ATTEST:
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.CITY CLERK OF THE TY OF ANAHEIM
JWF:fm
4516M
120586
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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-483 was introduced and adopted at a regular '~''
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of November, 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-483 on the 12th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of November, 1985.
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~G ,CITY CLERK OF THE CI 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-483 duly passed and
adopted by the Anaheim City Council on November 12, 1985.
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