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RES-1989-321 RESOLUTION NO. 89R-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3947. WHEREAS, after a request for variance by BLASH MOMENY, 2002 Business Center Drive, Anaheim, CA 92807, owner, and MICHAEL FRAZIER, 18200 Yorba Linda, Suite 201, Yorba Linda, CA 92686, 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. 3947 was granted covering the following described property: THE WEST ONE-HALF, MEASURED ALONG THE SOUTH LINE OF LOT 21, OF TRACT 743, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS 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 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 3-story, 12-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 within 150 feet of a single~family residential zone permitted; 3 stories at 5 feet from RS~A-43,000 zoning and 135 feet from Buena Park single-family zoning proposed) Variance 3947 SECTION 18.34.062.020 Maximum site coverage. (55% permitted; 57% 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. That prior to issuance of a building permit, the appropriate drainage assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Engineer. That the existing driveways on Savanna Street shall be removed and replaced with standard curb and gutter, sidewalk and landscaping. That drainage of subject property shall be approved of in a manner satisfactory to the City Engineer. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 88-89-56, now pending. That prior to issuance of a building permit, the appropriate fees due for primary mains and secondary mains, shall be paid to the Water Utility Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. That prior to issuance of a building permit, the water main in Savanna Street shall be upgraded to the satisfaction of the City Water Engineering Division and Fire Department. 8. That the entire project, including garage and units, shall be fire sprinkled with a "NEPA-13" system, as required by the City Fire Department. 9. That subject property shall be served by underground utilities. 10. 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. Such information shall be specifically shown on the plans submitted for building permits and shall consist of the following: (a) Two sets of doors, (b) A six (6) inch high by (c) No wing walls, and (d) A side wall located at area. twelve (12) inch wide divider, the center of the trash storage -2- Variance 3947 11. 12. 15. 14. 15. 16. 17. 18. 19. 20. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. That the renter of each residential dwelling unit shall be provided with written information concerning Anaheim Municipal Code Section 14.52.500 pertaining to "Parking restricted to facilitate street sweeping". Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 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 the proposed parking structure design shall conform to the Engineering Division's Standard Plan No. 402-B pertaining to standard details for parking structures. That a parking plan indicating compliance with City parking design standards shall be submitted to and approved by the City Traffic Engineer. 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. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the City Fire Department. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device, if required by and to the satisfaction of the City Fire and/or Police Departments. 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, evidence shall be presented satisfactory to the Building Division that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. -3- Variance 3947 21. 22. 23. 24. 25. 26. 27. That minimum fifteen (15) gallon trees planted on minimum ten (10) foot centers, including appropriate irrigation facilities, shall be installed and maintained along the north property line. 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; provided, however, that revised plans shall be submitted to and approved by the Planning Commission prior to issuance of building permits restricting the project to a maximum total of 18 bedrooms, which could be developed as six 1-bedroom and six 2-bedroom units, and further that prior to issuance of a building permit, the developer shall record a covenant with the office of the Orange County Recorder guaranteeing that the total number of bedrooms shall be restricted to eighteen (18). Prior to recordation, the covenant shall be submitted to the City Attorney for review and approval as to format, and then a copy of the recorded covenant shall be submitted to the Zoning Division. That curbs and gutters shall be repaired along Savanna Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That ali plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that such information shall be specifically shown on the plans submitted for building permits. 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, S, 6, 7, 13, 14, 1S, 16, 20, 21, 22 and 24, 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. That prior to final building and zoning Nos. 3, 4, 8, 9, 10, 11, 14, 1S, 18, 19, above-mentioned, shall be complied with. inspections, 22 and 25, Condition 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. -4- Variance 3947 BE I'r 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 25th day of July, 1989. ATTEST: JLW:kh 3232L 072689 -5- Variance 5947 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-321 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of July, 1989, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-321 on the 31st day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of July, 1989. 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. 89R-321 duly passed and adopted by the Anaheim City Council on July 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM