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87-033 RESOLUTION NO. 87R~33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3611. WHEREAS, after a request for variance by HUGO VAZQUEZ, ET AL., 2240 West Lincoln Avenue, Anaheim, California 92801, owner, 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. 3611 was granted covering the following described property: BEGINNING AT THE NE CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 18 TOWNSHIP 4S R10W IN THE RANCHO LOS COYOTES IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP IN BOOK 51 PAGE 10 OF M.M. THENCE S 0° 07' 36" E 66.01 FEET; THENCE S 88° 58' 00" W 164.00 FEET; THENCE S 0° 07' 36" E 85.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 0° 07' 36" E 193.04 FEET; THENCE S 88° 58' 00" W 176.06 FEET; THENCE N 0° 07' 36" W 190.00 FEET; THENCE N 88° 58' 00" E 40.00 FEET; THENCE N 0° 07' 36" W 5.00 FEET; THENCE N 88° 58' 00" E 136.00 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 34,080 SQUARE FEET OR 0.78 ACRES; 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 property, including size, shape, topography, location or surroundings, which do not apply to other property under zoning classification in the vicinity. to the identical 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 to construct a three (3) story, 34-unit "affordable" apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.01.130 Required lot frontage. (frontage on dedicated street or alley required; no street or alley frontage proposed) SECTION 18.34.061.010 - Minimum site area per dwelling unit. (1200 square feet per dwelling unit required; 980 square feet per dwelling unit proposed) SECTIONS 18.34.062.011 Maximum building height. (2 stories at 30 feet high permitted; 3 stories at 35 feet proposed) SECTION 18.34.062.020 - Maximum site coverage. (55% permitted; 77% proposed) That said variance be granted subject to the following conditions: 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 of Anaheim in an amount as determined by the City Council. the City 3. 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 shall conform to Engineering Standard Plan No. 402 and subject to the review and approval of the City Traffic Engineer. 4. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That the proposed parking structure design to Engineering Standard Plan No. 402-A pertaining to details for parking structures. shall conform standard 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 86-87-14, now pending. -2- 11. That fire sprinklers shall be installed as required by the City Fire Marshal. 12. 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. 13. That prior to issuance of a building permit, revised plans shall be submitted showing the relocation and alignment of all driveways, dimensioning of all typical parking spaces, and showing all grades for underground parking structure to be satisfactory to the City Traffic Engineer. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i through 4. 15. That prior to issuance of a building permit or within a period of one (1) year from the date herein, whichever occurs first, the developer shall enter into a recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915, providing that either (a) three (3) of the units (ten percent [10%] of the number permitted by Code without a density waiver) be rented to individuals or families at or below fifty percent (50%) of the Orange County S.M.S.A. median income or (b) seven (7) of the units (twenty-five percent [25%] of the number permitted by Code) be rented to individuals or families at or below eighty percent (80%) of the Orange County S.M.S.A. median income. 16. That prior to final Condition Nos. 3, 4, 5, 6, 7, complied with. building and zoning inspections, 9 and 14, above-mentioned, shall be 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. City THE FOREGOING RESOLIJTION is approved and adopted by the Council of the City o£ Anaheim this 3rd day of February, 1987. IqAYOR OF THE NAHEIM ATTEST CITY-CLERK OF THE CITY OF ANAHEIM BG:fm/1725L/052587 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF OR.GE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-3~ was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of February, 1987, by the following vote of the members thereof: AYES: NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-33 on the 3rd day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of February, 1987. 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. 87R-3R duly passed and adopted by the Anaheim City Council on February 3, 1987. CITY CLERK OF THE CITY OF ANAHEIM