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1985-067RESOLUTION NO. 85R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3426. WHEREAS, after a request for variance by Bank of California, owner, and Floyd L. Farano, 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. 3426 was denied covering the following described property: PARCEL 1: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE SOUTH 0° 42' 47" EAST 200.00 FEET ALONG THE WEST LINE OF SAID SOUTH HALF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 38' 07" EAST 300.00 FEET PARALLEL TO THE NORTH LINE OF SAID SOUTH HALF; THENCE NORTH 0° 42' 47" WEST 200.00 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO THE NORTH LINE OF SAID SOUTH HALF; THENCE SOUTH 89° 38' 07" EAST a50.00 FEET ALONG SAID NORTH LINE; THENCE SOUTH 0° 42' 47" EAST 439.02 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO A LINE PARALLEL WITH AND DISTANT 221.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89° 38' 14" WEST 450.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 0° 42' 47" WEST 200.04 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO A LINE PARALLEL WITH AND DISTANT 239.00 FEET, MEASURED AT RIGHT ANGLES SOUTHERLY FROM THE NORTH LINE OF SAID SOUTH HALF; THENCE NORTH 89° 38' 07" WEST 300.00 FEET ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID SOUTH HALF; THENCE NORTH 0° 42' 47" WEST 39.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THE EAST 450.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST ~~ QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 221.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTH LINE OF SAID SOUTH HALF WITH THE WEST LINE OF LOT 24 OF TRACT NO. 3127, AS SHOWN ON A MAP RECORDED IN BOOK 94, PAGES 48 AND 49 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID PARALLEL LINE WITH NORTH 89° 38' 14" WEST 679.77 FEET TO AN INTERSECTION WITH THAT CERTAIN CURVE IN THE NORTH LINE OF WILKEN WAY NEAR THE NORTHEAST CORNER OF THE INTERSECTION OF SAID WILKEN WAY AND HARBOR BOULEVARD, AS SHOWN ON SAID MAP OF TRACT NO. 3127 SAID CURVE BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE OF SAID CURVE AT SAID INTERSECTION HAVING A BEARING OF SOUTH 21° 24' 08" WEST; THENCE EASTERLY 5.51 FEET ALONG SAID CURVE TO THE EASTERLY TERMINUS THEREOF; THENCE EASTERLY 675.98 FEET ALONG THE VARIOUS COURSES IN THE NORTHERLY LINES OF WILKEN WAY AS SHOWN ON SAID MAP OF TRACT NO. 3127, TO THE SOUTHWEST CORNER OF SAID LOT 24; THENCE NORTH 0° 42' 47" WEST 9.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THE EAST 100 FEET OF THE NORTH 200 FEET OF THE WEST 300 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN CAJON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE SOUTH 89° 38' 07" EAST 871.29 FEET ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE SOUTH 0° 42' 47" EAST 500.02 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 27 TO A POINT ON A LINE PARALLEL WITH AND DISTANT 160.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE NORTH 89° 38' 14" WEST 871.29 FEET ALONG SAID PARALLEL LINE TO A POINT ON SAID WEST LINE OF SOUTHEAST QUARTER OF SECTION 27; THENCE NORTH 0° 42' 47" WEST 500.05 FEET ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 27 TO THE POINT OF BEGINNING; 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; and -2- 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; and ~. WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 130-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) SECTION 18.34.062.012 - Maximum structural height. 1 story permitted within 150 feet of single-family zoning; 2 stories proposed) (b) SECTIONS 18.06.050.0121 - Minimum number and type AND 18.34.066.010 of parking spaces. (299 spaces with 234 covered required; 268 s aces with 237 covered proposed That said variance be granted subject to the following conditions: 1. That sidewalks shall be relocated along Cliffwood Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Cliffwood Avenue and Wilken Way 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 f the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. -3- 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Cliffwood Avenue, Wilken Way and Harbor Boulevard in an amount as determined by the City Council. 4. 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. 5. 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 for each new dwelling unit. 6. That the existing driveways on Wilken Way shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 7. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That subject property shall be served by underground utilities. 10. 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. 11. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. That fire sprinklers shall be installed as required by the City Fire Marshall. 13. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manger. 14. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Harbor Boulevard in an amount as determined by the City Council. -4- 15. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 16. 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". 17. That a 6-foot high solid block or masonry wall shall be constructed and permanently maintained adjacent to the easterly and westerly property lines in compliance with Code requirements. The height of said walls shall be measured from the highest finished grade level of the building pad of the dwelling units located nearest the easterly and westerly property lines. 18. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager.. 19. That 15-gallon trees planted on 20-foot centers, with appropriate irrigation facilities, shall be installed and permanently maintained along the east property line. 20. That the developer shall acquire access rights across the one (1) foot strip of land at the north property line of subject property before constructing any access to Cliffwood Avenue. 21. 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 streets. Installation of any gates within a distance of forty (40) feet from said public street right-of-way shall be subject to the review and approval of the City Traffic Engineer. 22. That tenant relocation assistance benefits identified in City Council Resolution No. 81R-356, Condition No. 15, shall be paid by the developer, and that proof of compliance in a form satisfactory to the City Attorney's Office shall be submitted prior to the issuance of any building permits. -5- 23. That the Variance is granted subject to the completion of Reclassification No. 84-85-9, now pending. 24. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3; provided, however, that a minimum of 268 parking spaces (234 covered) shall, be provided and that a minimum 20' wide landscaped setback shall be provided adjacent to Harbor Boulevard. 25. That prior to issuance of a building permit, or within a period of one year form the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 13, 14, 15, 16, 18, 20, 22 and 23, 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. 2E. That prior to final building and zoning inspections, Condition Nos. 1, 3, 6, 7, 8, 9, 11, 12, 17, 19, 21 and 24, above-mentioned, shall be complied with. BE _T.T 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 this 5 h day of Febr ry, 1985. ~~ MAYOR OF THE CITY O ANAHEIM ATTEST: ~ ~Z~~ CITY CLERK OF THE CITY OF ANAHEIM JLW:pm 2488U -6- 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. 85R-67 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ~°3 the 5th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-67 on the 5th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of February, 1985. - 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. 85R-67 duly passed and adopted by the Anaheim City Council on February 5, 1985. CI CLERK ~.