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83R-079 RESOLUTION NO. 83R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3300. ...-- WHEREAS, after a request for variance by WILLIAM J. CLARK, owner; DENNIS BOLSINGER, 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. 3300 was granted covering the following described property: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 172, PAGES 31 AND 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 sur- roundings, 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 prop- erty 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 permitting a 168-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 (2 stories permitted; 3 stories proposed) SECTION 18.06.030 and 18.34.066 - Permitted type of parking spaces (328 standard spaces required; 330 spaces consisting of 87 tandem, 22 small car and 221 standard spaces proposed). That said variance be granted subject to the following conditions: 1. That a 15 feet property line radius at the corner of Palm Lane and Palm Way be dedicated to the City of Anaheim for street and public utility purposes. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 5. That vehicular entry gates shall not be permitted. 6. 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 No. 542, Sound Attenuation in Residential Projects. 7. 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 through 5. 8. That street lighting facilities along Euclid Street, Palm Lane and Palm Way shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager and/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 installation of the above-mentioned improvements. Said security shall be posted with the City prior to approval of building permits. The above-required improvements shall be installed prior to occupancy 9. That Condition Nos. 1 and 8, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 10. That Condition Nos. 2 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. -2- 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 jur- isdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 1st day of March, 1983. MA~~~ ATTEST: ~~..~>>~ CITY CLERK OF T E . TY OF ANAHEIM JLW: fm 0769M 3-21-83 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-79 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of March, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overpo1t, Bay and Roth NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-79 on the 1st day of March, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of March, 1983. CI~~IM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-79 duly passed and adopted by the Anaheim City Council on March 1, 1983. L4 :L~~ CITY CLERK c__, ",....,-~...,._-~