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1981-319RESOLUTION NO. 81R-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3212. ---°- WHEREAS, after a request for variance by JEE D . CHANG and LI'LLIAN CHANG, owners, 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. 3212 was granted covering the following described property: PARCEL l; The Southerly half of Lot 7 and the Northerly 9.5 feet of Lot 8 of Tract No. 796, in the City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in book 24, page 28, Miscellan- eous Maps, records of said Orange County together with that portion of Lot 1, Block A, immediately adjoining to the West; 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 privi- leges 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 sixteen unit apartment complex on the property hereinbefore described with waivers of_ the following sections of the Anaheim Municipal Code: SECTION 18.34.061.010 - P4inimum building site area. (1200 square feet per unit required; 1056 square feet proposed) SECTION 18.34.062.010 - Maximum structural height. (1 story permitted within 150 feet single-family zoning; 2 stories proposed) That said variance be granted subject to the following conditions: -1- 1. That all engineering requirements of the City of Anaheim along Webster Avenue including preparation of_ improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, 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; that street lighting facilities along Webster Avenue shall be installed as required by the Office of_ the Utilities General Manager, and in accordance with specifications on file in the Office of the Utilities General Manager; and/or that 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 installation of the above- mentioned requirements prior to occupancy. 2. That the owners of_ subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Webster Avenue. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That _f ire 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. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of_ in a manner satisfactory to the City Engineer. 7. 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. 8. That the owners of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as deter- mined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 9. 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 4. 10. That Condition Nos. 1 and 2, 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. 11. That Condition Nos. 3, 5, 6 and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. -2- BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the conditions hereinabove set forth. Should any such conditions, 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. BE IT FURTHER RESOLVED tha serves the right to revoke such vari failure of said owners,. .their heirs, with the Anaheim Municipal Code and herein. Said variance is granted fo Anaheim Municipal Code unless otherw t the City Couuncil hereby re- ance permit for good cause or successors or assigns to comply regulations and the conditions r the term prescribed by th e ise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of July, 1981. YOR OF THE CITIl~ OF ANAHEIM ATTEST: ~~ CIT CLERK OF T'E CITY OF ANAHEIM JLW:fm -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. KOBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-319 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of July, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-319 on the 7th day of July, 1981. IN WITNESS WHEREOF, T have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of July, 1981. CITY C ERK OF THE CITY 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. 81R-319 duly passed and adopted by the Anaheim City Council on July 7, 1981. - CITY ~1.ERK '.,