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87-075 RESOLUTION NO. 87R-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3602. WHEREAS, after a request for variance by 2000 DEVELOPERS, INC., 1850 17th Street, #11S, Santa Ana, California 92701, owner, and IRAJ EFTEKHARI, 1850 17th Street, #113, Santa ^ha, California 92701, 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. 3602 was granted covering the following described property: THE NORTItERLY RECTANGULAR 49.17 FEET OF LOT 4 IN BLOCK "D" OF DAVIS BROTHERS ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGES 632 and 633 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. LOTS 1, 2 AND 3 IN BLOCK 'D' OF DAVIS BROTHERS ADDITION, AS PER MAP THEREOF RECORDED IN BOOK 2, 632 AND 633 OF MISCELLANEOUS MAPS OF LOS ANGELES COUNTY, CALIFORNIA, AND IN BOOK 32, PAGE 57 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; and PAGES 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, 22-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.011 Maximum structural height. (maximum 2 stories permitted; 3 stories proposed) SECTION 18.34.062.020 Maximum site coverage. (maximum 55% permitted; proposed) 74.8% That said variance be granted subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Elm Street and Helena Street, including preparation of improvement plans and relocation to ultimate locations, 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 approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. 2. That the owner/developer shall extend the existing 12" sanitary sewer in Elm Street east of Harbor Boulevard to Helena Street to serve this project. This shall be included as part of the requirements for improvements under Condition No. 1 herein. 3. That ~ates shall not be installed across any driveway 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. or 4. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-B pertaining to standard details for parking structures. 5. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 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 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- 11. 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. 12. That street lighting facilities along Elm Street and Helena 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 a building permit. The above-required improvements shall be installed prior to occupancy. 13. 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 5; provided, however, that placement of the security gates must comply with Condition No. 3, above-mentioned. 14. That prior to final building and zoning inspections, Condition Nos. 1 through 7, 9 and 13, above-mentioned, shall be complied with. 15. That the developer record an unsubordinated covenant and comply with all terms and conditions of that covenant which would limit occupancy of each unit of the project to not more than four (4) persons (over 2 years old) per unit. 16. That on-site management be employed at all times on the project site. 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 RESOLUTION is approved and adopted by the Council of the City of Anaheim~~f March, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST: ~' ) / . · , // CITY CLERK OF THE CITY OF BG: fm/1744L/040787 -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. 87R-75 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of March, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-75 on the 10th day of March, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of March, i987. CITY CLERK OF THE CITY OF ANAHEIM (SFAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-75 duly passed and adopted by the Anaheim City Council on March 10, 1987. CITY CLERK O~THE CITY OF ANAHEIM