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RES-1989-093RESOLUTION NO. 89R-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 3894 AND AMENDING RESOLUTION NO. 89R-31. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 89R-31 approving Variance No. 3894, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on March 21, 1989, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Variance No. 3894. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Variance No. 3894 be, and the same are hereby, amended by the deletion of existing conditions Nos. 27, 28, and 29 therefrom and the addition of the following new conditions thereto, to read as follows: 27. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land twenty seven (27) feet in width from the centerline of the street along Gramercy Avenue including a fifteen (15) foot radius corner return at Valley Street for street widening purposes. 28. That the vehicular access rights to Brookhurst Street shall be dedicated to the City of Anaheim. 29. That a fee shall be paid to the City of Anaheim for street lighting along Valley Street in an amount as established by City Council resolution. 30. That a fee shall be paid to the City of Anaheim for tree planting along Valley Street, Gramercy Avenue and Brookhurst Street in an amount as established by City Council resolution. 51. That street lighting facilities along Brookhurst Street and Gramercy Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 a building permit. The above-required improvements shall be installed prior to occupancy. 32. That the legal owner of subject property shall dedicate a five (5) foot wide public utility easement along the westerly leg of the north property line. Said easement shall be to the satisfaction of the City Electrical Engineering Division. Proof of recordation of said easement shall be submitted to the Zoning Division. That 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. 34. That a covenant shall be recorded agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to a possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. 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, 4, 5, 6, 7, 11, 12, 13, 19, 23, 25, and 27 through 34, 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. Variance 3894 36. That prior to final building and zoning inspections, Condition Nos. 2, 5, 5, 8, 9, 14, 15, 17, 18, 21, 22, 24, 26, and 31 above-mentioned, shall be complied with. 57. 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 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, except as expressly amended herein, Resolution No. 89R-31 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of March, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAH~I'M JLW:dg 2990L 032389 -5- Variance 3894 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. 89R-93 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of March, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood 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. 89R-93 on the 29th day of March, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1989. 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. 89R-93 duly passed and adopted by the Anaheim City Council on March 21, 1989. CITY CLERK OF THE CITY OF ANAHEIM