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1982-368RESOLUTION NO. 82R -368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3268. WHEREAS, after a request for variance by JOHN PRIEM, 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. 3268 was granted, in part, covering the following described property: PARCEL 2 OF PARCEL MAP NO. 79 -269 RECORDED IN BOOK 151, PAGES 39 AND 40 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, 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 surround- ings, 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 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 construction of a 20 -unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.012 - Maximum structural height. (1 -story permitted within 150 feet of single - family residential zoning; 2- stories proposed) SECTION 18.34.063.012 - Minimum landscaped setback. (15 feet required from a local street; 12 feet 6 inches to 15 feet proposed) SECTION 18.34.063.022 - Minimum structural setback. 19 feet required; 5 feet 6 inches proposed) SECTION 18.34.066.050 - Required screening of parking facilities. (Screening of park- ing areas adjacent to Mungall Drive required; no site screening proposed) That said variance be granted subject to the following conditions: 1. That street lighting facilities along Mungall Drive shall be installed as required by the Office of 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 prior to approval of building permits. The above - required improvements shall be installed prior to occupancy. 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 re- quired and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as de- termined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. 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. 8. That a 6 -foot high masonry wall shall be constructed along the north and west property lines. 9. That security gates shall not be permitted without ex- pressed approval of the City Traffic Engineer. 10. 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. 11. That Condition Nos. 2, 4, 5, 8, 9 and 10, above - mentioned, shall be complied with prior to final building and zon- ing inspections. -2- BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any 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 13th day of July, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY'CLERK OF TH CITY OF ANAHEIM JLW : fm 8 -18 -82 0075M -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R -368 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on �. the 13th day of July, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay 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. 82R -368 on the 13th day of July, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of July, 1982. � o�. CITY CLERK OF THE CIT ' , OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R -368 duly passed and adopted by the Anaheim City Council on July 13, 1982.