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RES-1989-178 RESOLUTION NO. 89R-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3912. WttEREAS, after a request for variance by VICTOR M. VAZQUEZ AND TERRY H. R. VAZQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92801, 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. 3912 was granted covering the following described property: LOTS 21 AND 22 OF TRACT NO. 255, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF THE EAST ANAHEIM SUBDIVISION, RECORDED IN BOOK 14 PAGE 25 MISCELLANEOUS 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 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 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 2-story, 8-unit residential condominium complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.04.043.102 AND 18.31.064.070 Maximum, fence height. (6 feet permitted along west property line [RS-200 zoning]; 8 feet proposed) That said variance be granted subject to the following conditions- · 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 established by City Council resolution. GRNTG VAR 5912 That a tract map to record the division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. That subject property shall be served by underground utilities· That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to the Engineering Division's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. · · That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device if required by the Fire and/or Police Departments. · That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. · · That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. That prior to issuance of a building permit, a landscaping plan (including irrigation facilities) shall be submitted to the Zoning Division for review and approval. The Zoning Division's decision may be appealed to the Planning Commission and/or City Council. Said landscaping shall be properly maintained. 10. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 88-89-44, now pending. 11. That prior to commencement of structural framing, fire hydrants shall be installed and charged, as required and approved by the City Fire Department. 12. 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 6; provided, however, that ten (10) fifteen (15) gallon trees shall be planted along the easterly property line· -2- GRNTG VAR 3912 13. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, S, 9 and 10, 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 to final building and zoning inspections, Condition Nos. 3, 5, 6, 7, 8 and 12, above-mentioned, shall be complied with. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE ET 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 9th day of May, 1989. ATTEST: JLW:db 3105L 051189 ~AYOR OF THE CIT~F ANAH~.M_ ~ -3- GRNTG VAR 3912 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. 89R-178 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of May, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-178 on the 24th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of May, 1989. ~.CITY CLERK OF THE 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. 89R-178 duly passed and adopted by the Anaheim City Council on May 9, 1989. ~.CITY CLERKOF THE F ANAHEIM