91-162 RESOLUTION NO. 91R-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4115.
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. 4115 was granted covering the following described
property:
PROPOSED PARCEL MAP NO. 90-107, BEING A
SUBDIVISION OF A PORTION OF:
PARCEL 1: THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT EAST 30.00 FEET AND
NORTH 15.00 FEET FROM THE SOUTHWEST CORNER OF
SAID SOUTHWEST QUARTER; THENCE EAST 396.00 FEET
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTH 108.90 FEET; THENCE WEST
396.00 FEET; THENCE SOUTH 108.90 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED IN THE
DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT RECORDED JUNE 24, 1959 IN BOOK 4772,
PAGE 191, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE SOUTHERLY 30.00
FEET THEREOF.
PARCEL 2: THAT PORTION OF THE NORTHWEST
QUARTER OF SECTION 8, IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
NORTHWEST QUARTER OF SAID SECTION 8, 474.67
FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER OF SAID SECTION; THENCE
EASTERLY PARALLEL WITH THE SOUTH LINE OF THE
NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8, 238 FEET;
THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15
FEET, MORE OR LESS TO A POINT 306.92 FEET
VAR #4115
NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE WESTERLY PARALLEL WITH SAID
SOUTH LINE OF SAID NORTHWEST QUARTER 238 FEET
TO THE WEST LIEN OF SAID NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID WEST LINE 183.02
FEET TO A POINT 123.90 FEET NORTHERLY OF THE
SOUTH LIEN OF SAID NORTHWEST QUARTER; THENCE
EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 822 FEET; THENCE NORTHERLY
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
QUARTER, 367.63 FEET TO THE SOUTH LINE OF THE
NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF SAID
NORTHWEST QUARTER OF SECTION 8; THENCE WESTERLY
ALONG THE SOUTH LINE OF SAID 25 ACRE TRACT OF
LAND 822 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID
WEST LINE OF THE NORTHWEST QUARTER 16 FEET,
MORE OR LESS TO THE POINT OF BEGINNING.
THAT PORTION THEREOF DESCRIBED IN THE DEED TO
THE ORANGE COUNTY FLOOD CONTROL DISTRICT
RECORDED JUNE 24, 1959 IN BOOK 4772, PAGE 191,
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT LAND DESCRIBED IN
CITY OF ANAHEIM RESOLUTION 72R-191 RECORDED MAY
23, 1972 IN BOOK 10138, PAGE 544 OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION
SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF THAT
LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY
15, 1961 IN BOOK 5630, PAGE 618, OFFICIAL
RECORDS OF SAID COUNTY.
PARCEL 3: THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
IN TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 51, PAGE 7 AND
FOLLOWING OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 25 RODS, 13.5 FEET EAST
AND 15 FEET NORTH OF THE SOUTHWEST CORNER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST
RUNNING THENCE EAST 24 RODS; THENCE NORTH 6 3/5
RODS; THENCE WEST 24 RODS; THENCE SOUTH 6 3/5
RODS TO THE POINT OF BEGINNING, COVERING ONE
ACRE MORE OR LESS.
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VAR #4115
PARCEL 4: THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, PER MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE DEED TO THE ORANGE COUNTY
CONTROL DISTRICT, RECORDED JUNE 24, 1959 IN
BOOK 4772 PAGE 191 OF OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORDER; THENCE SOUTH 0
DEG. 35' 50" EAST 35.00 FEET ALONG THE WEST
LINE OF SAID LAND; THENCE NORTH 89 DEG.
57' 10" EAST 54.74 FEET PARALLEL WITH THE NORTH
LINE OF SAID LAND TO A LINE OF SAID LAND;
THENCE NORTH 71 DEG. 01' 05" EAST 107.86 FEET
ALONG SAID PARALLEL LINE TO THE
NORTH LINE OF SAID LAND; THENCE SOUTH 89 DEG.
57 10" WEST 157.10 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 30.00 FEET
THEREOF
PARCEL 5: THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET EAST, AND 15.00
FEET NORTH OF THE SOUTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE EAST 396.00 FEET
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTH 108.90 FEET, THENCE WEST
396.00 FEET; THENCE SOUTH 108.90 FEET TO THE
POINT OF BEGINNING.
THAT LIES NORTHWESTERLY OF A LINE THAT IS
PARALLEL WITH AND DISTANT 30.50 FEET
SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF
BROOKHURST AVENUE AND CRESCENT AVENUE
(EASTERLY) AS SAID INTERSECTION IS SHOWN IN
COUNTY SURVEYOR'S TRANSIT BOOK 114, PAGE 27 ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF
SAID COUNTY ON NOVEMBER 20, 1957; THENCE NORTH
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VAR #4115
89 DEG. 57' 10" EAST ALONG SAID CRESCENT AVENUE
CENTERLINE, 1591.73 FEET TO A POINT (SAID POINT
ALSO BEING DISTANT THEREON SOUTH 89 DEG. 57'
10" WEST, 1069.59 FEET FROM THE CENTER OF
SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN AS SHOWN IN SAID
TRANSIT BOOK 114, PAGE 27 ON NOVEMBER 20,
1957); THENCE NORTH 0 DEG. 02' 50" WEST 450.00
FEET TO THE TRUE POINT OF BEGINNING AND THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET
(SAID COURSE BEARING NORTH 0 DEG. 02' 50" WEST
BEING RADIAL TO SAID CURVE); THENCE
SOUTHWESTERLY ALONG SAID CURVE THRU A CENTRAL
ANGLE OF 18 DEG. 56' 05" AN ARC DISTANCE OF
660.95 FEET TO A LINE TANGENT; THENCE SOUTH 71
DEG. 01' 50" WEST, 996.83 FEET ALONG SAID
TANGENT LINE, TO A POINT IN THE CENTERLINE OF
SAID BROOKHURST AVENUE AS SHOWN IN COUNTY
SURVEYOR'S TRANSIT BOOK 114, PAGE 28 ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR OF SAID
COUNTY ON NOVEMBER 20, 1957 SAID POINT BEING
DISTANT THEREON NORTH 0 DEG. 35' 50" WEST 18.30
FEET FROM THE POINT OF COMMENCEMENT.
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
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.
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VAR #4115
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
1. That a conditional zoning variance be, and the same
is hereby, granted permitting a 124-unit "affordable", 2-and 3
story apartment complex on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
(A) SECTIONS 18.06.050.0121 - Minimum number of parking spaces.
18.06.080 (314 required; 287 proposed)
and 18.34.066.010
(B) SECTION 18.34.062.0~1 - Maximum structural height.
(2-stories permitted;
2 to 3-stories proposed)
(C) SECTION 18.34.070.020 - Required elevators.
(1 elevator required for each 3-story
building [totaling 12 elevators];
none proposed)
2. That the above-mentioned waiver (A) is hereby
granted on the basis that the parking waiver will not cause an
increase in traffic congestion in the immediate vicinity nor
adversely affect any adjoining land uses and granting of the
parking waiver under the conditions imposed, if any, will not be
detrimental to the peace, health, safety and general welfare of the
citizens of the city of Anaheim.
3. That the above-mentioned waivers (B) and (C) are
hereby granted on the basis that this is an affordable apartment
project which will include affordable units in accordance with
California Government Code Section 65915, and there are special
circumstances applicable to the property such as size, shape,
topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity.
BE IT FURTHER RESOLVED that said variance be granted subject
to the following conditions:
1. That Parcel Map No. 90-107, to record the division of
subject property, shall be submitted to and approved by
the city of Anaheim and then be recorded in the Office of
the Orange County Recorder.
2. That an agreement for covering the Carbon Creek Channel
shall be approved by the Orange County Flood Control
District and the City Engineer.
3. That the existing driveways on Brookhurst Street shall be
removed and replaced with standard curb, gutter, sidewalk
and landscaping.
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VAR #4115
4. That sidewalks shall be installed along Brookhurst Street
as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
5. 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 No. 90R-198.
6. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revision of
Engineering Standard Plan Nos. 436, 601, 607 and 609
pertaining to parking standards and driveway location.
Subject property shall thereupon be developed and
maintained in conformance with said plans.
7. That all driveways shall be constructed with ten (10)
foot radius curb returns as required by the City Engineer
in conformance with Engineering Standards.
8. That prior to final building and zoning inspections, the
existing striping on Gramercy Avenue from Brookhurst
Street to Valley Street shall be removed. New striping,
parking and signing plans shall be provided, along with
street improvement plans, for two-way left turn lanes
with appropriate signing and marking, to the City Traffic
and Transportation Manager for his review and approval.
The new striping, marking and signing shall be completed
prior to final building and zoning inspections.
9. That "No parking at any time" sign(s) shall be installed
on the south side of Gramercy Avenue between Brookhurst
Street and Valley Street, as required by the city Traffic
and Transportation Manager and as approved by the City
Council.
10. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and approved by the Fire Department. An all-weather road
shall be provided to the hydrants at all times, as
required by the Fire Department.
11. That any lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
12. That fire sprinklers shall be installed as required by
the Fire Department.
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VAR #4115
13. That the roadway built across the Carbon Creek Channel
shall be constructed to accommodate a forty thousand
(40,000) pound fire engine.
14. That a local fire alarm system shall be installed as
required by the Fire Department. Manual alarm pulls may
be omitted.
15. 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.
16. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by
said Division.
17. 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, that such information
shall be specifically shown on the plans submitted for
building permits.
18. That a fee for street tree purposes shall be paid to the
City of Anaheim based on the lengths of street frontage
along Brookhurst Street, Valley Street, Gramercy Avenue
and Crescent Avenue, in an amount as established by City
Council resolution.
19. That subject proposal authorized by this resolution shall
be served by underground utilities.
20. 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.
21. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view from adjacent residential properties. Such
information shall be specifically shown on the plans
submitted for building permits.
22. 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
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VAR #4115
Residential Projects" and with Noise Insulation Standards
specified in the California Administrative Code, Title
25.
23. That a six (6) foot high masonry block wall shall be
constructed and maintained along all interior property
lines including adjacent to the abutting parcel to the
southeast, excepting the front setbacks where the wall
height shall not exceed three (3) feet; provided,
however, that the city Traffic and Transportation Manager
shall have the authority to reduce the height of the wall
to protect visual lines-of-sight where pedestrian and/or
vehicular circulation intersect. Said block wall shall
be planted and maintained with clinging vines to
eliminate graffiti opportunities.
24. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
25. That the water backflow equipment and any other large
water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either
(a) underground vaults or (b) behind the street setback
area in a manner fully screened from all public streets
and alleys.
26. That prior to issuance of a building permit, the
appropriate fees due for primary water mains and fire
protection service shall be paid to the Water Engineering
Division in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
27. That prior to issuance of a building permit, the legal
property owner shall provide a forty foot by forty foot
(40' x 40') easement in fee title for a well site, for
supporting easements for discharge lines and for
maintenance ingress and egress, as required by the Public
Utilities Department.
28. 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 with the office of the
Orange County Recorder. A copy of the recorded covenant
shall be furnished to the Zoning Division.
29. 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
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VAR #4115
California Government Code Section 65915 to provide that
twenty percent (20%) of the Code-permitted number of
residential units shall be rented as very low 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.
30. That an unsubordinated covenant shall be recorded with
the office of the Orange County Recorder agreeing to
provide the renter of each dwelling unit with written
information obtained from the school district(s)
pertaining to possible overcrowding conditions and busing
status of the school(s) serving the dwelling unit. 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 submitted to the Zoning
Division.
31. That this Variance is granted subject to the adoption of
a zoning ordinance in connection with Reclassification
No. 89-90-34, now pending.
32. That the owner of subject property shall submit a letter
to the Zoning Division requesting termination of Variance
Nos. 3894 (to construct a 176-unit 3-story "affordable"
apartment complex, with waivers) and 4013 (to construct a
228-unit, 2 to 4-story "affordable" deck housing
apartment complex, with waivers).
33. 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.
34. That the renter of each dwelling unit shall be provided
with written information concerning Anaheim Municipal
Code Section 14.32.500 "Parking Restricted to Facilitate
Street Sweeping." Such written information shall clearly
specify when on-street parking is prohibited and the
penalty for violation.
35. That the developer shall be responsible for any direct
costs associated with the monitoring and/or reporting
required as set forth by Section 21081.6 of the Public
Resources Code to ensure implementation of those
mitigation measures identified in the mitigated Negative
Declaration that have been incorporated as conditions of
approval for subject property.
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VAR #4115
36. That prior to issuance of a building permit, all site
contamination shall be remediated to the satisfaction of
the County of Orange Health Care Agency. Proof of
compliance shall be submitted to the Zoning Division.
37. 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 Exhibit Nos. 1
through 5.
38. 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, 5, 6, 15,
17, 18, 20, 21, 22, 26, 27, 28, 29, 30, 31, 32, and 36,
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.
39. That full sidewalks and parking landscaping shall be
installed along Gramercy Avenue as required by the City
Engineer in accordance with standard plans and
specification on file in the office of the City Engineer.
40. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17,
19, 21, 23, 24, 25, 33, 34, 37, and 39, above-~entioned,
shall be complied with.
41. 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 anyother
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
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VAR #4115
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 4th day of June, 1991.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34V4115.12
060791
-V
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VAR #4115
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. 91R-162 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 4th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-162 on the 5th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of June, 1991.
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. 91R-162, duly passed and
adopted by the City Council of the City of Anaheim on June 4, 1991.
CITY CLERK OF THE CITY OF ANAHEIM