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87-099 RESOLUTION NO. 87R-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3597. WHEREAS, after a request for variance by HUGO A. VAZQUEZ AND TAK WATANABE, owners, 2240 West Lincoln Avenue, Anaheim, California 92801, 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. 3597 was granted, in part, covering the following described property: LOTS 29 AND 30 OF "SMITH AND DEAN'S RE-SUBDIVISION OF THE SOUTHERLY 404.08 FEET OF BLOCK "A" HOTEL DEL CAMPO TRACT, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4 PAGE 31 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; 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 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 hnder identical zoning classification in the vicinity. NON, 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 two-story, four-unit apartment building on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.54.065.020 Minimum width of pedestrian accessways. (8 feet re- quired; 4 to 8 feet proposed) That said variance be granted subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Olive Street in an amount as determined by the City Council. 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 appropriate traffic signal assessment of Anaheim in an amount as determined building permit, the fee shall be paid to the City by the City Council. 4. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 52 feet in width from the centerline of the street along Olive Street for street widening purposes. 5. That as required by Section 18.04.080.020 of the Anaheim Municipal Code, the owner/developer of subject property shall either post a faithful performance bond with the City Engineer to guarantee the removal of existing street improvements along Olive Street and reconstruction at the ultimate location, or make a cash payment to the City of Anaheim for the cost of said removal and reconstruction as provided for in said Code. 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 trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Olive Street in an amount as determined by the City Council. 10. 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. Installation of any gates shall conform to Engineering Standard Plan No. 402 and subject to the review and approval of the City Traffic Engineer. 11. 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. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1, 2 and 3, prior to issuance of building permits provided; however, that revised plans shall be submitted to and approved by the Planning Department staff showing (a) the minimum recreational-leisure areas to be in conformance with Code; (b) the three (3) bedroom unit (1,626 square feet) to be reduced in size to a two-bedroom unit no larger than 1,225 square feet; (c) minimum pedestrian accessway widths of not less than five (5) feet; and (d) maximum lot coverage of fifty-five percent (55%). -2- 13. 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, 4, S and 9, 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. 14. That prior Condition Nos. 6, 7, complied with. to final building and zoning inspections, 8, 10 and 12, 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, THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim ~~y of March, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE BG:fm 1848L 060487 CITY OF ANAHEIM -3- 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-99 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th 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-99 on the 24th day of March, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of March, i987. CITY CLERK OF THE CITY (SEAL) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-99 duly passed and adopted by the Anaheim City Council on April 24, 1987.