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88-121RESOLUTION NO. 88R-121 A RESOLUTION OE THE OF ANAHEIM GRANTING PART. CITY COUNCIL OF THE CITY VARIANCE NO. 3742, IN WHEREAS, after a request for variance by EDWARD & MARGARET M. SAUBAN, 106 N. Teri Circle, Anaheim, CA 92804, WALTER J. & DARLENE F. PETERS, 107 N. Teri Circle, Anaheim, CA 92804, RALPH L. & KATHRYN L. BRADEN, 110 N. Teri Circle, Anaheim, CA 92804, HOMER D. & PATRiCIA GRIFFIS, 111 N. Teri Circle, Anaheim, CA 92804, JOHN & GEORGENE HARDAWAY, 112 N. Teri Circle, Anaheim, CA 92804, JIM & VIRGINIA LEE SAUB, 113 N. Teri Circle, Anaheim, CA 92804, owners, and MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, CA 92660, 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. 3742 was denied covering the following described property: LOT 11 OF TRACT NO. 2780, AS SHOWN ON A MAP RECORDED IN BOOR 89, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 12 OF TRACT NO. 2780. IN BOOK 89, PAGES 11 AND RECORDS OF ORANGE COUNTY LOT 13 OF TRACT NO. 2780. IN BOOK 89, PAGES 11 AND RECORDS OF ORANGE COUNTY LOT 14 OE TRACT NO. 2780, IN BOOK 89, PAGES 11 AND RECORDS OF ORANGE COUNTY LO?' 1S OE TRACT NO. 2780 IN BOOK 89, PAGES 11 AND RECORDS OF ORANGE COUNTY LO?' 16 OF TRACT NO. 2780. IN BOOK 89, PAGES 11 AND RECORDS OF ORANGE COUNTY WHEREAS, thereafter AS SHOWN ON A MAP RECORDED 12 OF MISCELLANEOUS MAPS, CALIFORNIA. AS SHOWN ON A MAP RECORDED 12 OF MISCELLANEOUS MAPS, CALIFORNIA. AS SHOWN ON A MAP RECORDED 12 OF MISCELLANEOUS MAPS, CALIFORNIA. AS SHOWN ON A MAP RECORDED 12 OF MISCELLANEOUS MAPS, CALIFORNIA. AS SHOWN ON A MAP RECORDED 12 OF MISCELLANEOUS MAPS, CALIFORNIA; and 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 v~cinity. NON, 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, in part, permitting a 05-unit, 1,2, and 3 story apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code SECTIONS 18.34.062.011 -Maximum structural height. AND 18.34.062.012 (~ within 150-£eet of stngle family residential zone & 2 stories otherwise permitte~; 2 an~ 3 stories proposed at 54 ~nd and 91 feet) SECTION 18.34.062.020 -Maximum site coverage. (55% permitted 73% proposed) 2'hat said variance be granted subject to the following conditions: That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-35, now pending. That the driveway shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. 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. If additional fire hydrants are required, those hydrants shall be connected to the 10-inch water main on Lincoln Avenue. That any on-site service for the fire protection system shall be connected to the 10-inch water main on Lincoln Avenue. That fire sprinklers shall be installed as required by the City Fire Marshall. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. -2- 11. 12. 13. 14. 15. 10. 17. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-B pertaining to standard details for parking structures and ramp requirements. 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 tile City Council. That subject property shall be served by underground utilities. 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 the vehicular access rights at approved access points, shall of Anaheim. to Lincoln Avenue except be dedicated to the City That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. That if required by the Fire and Police Department, all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshall. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation 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, the applicant shall present evidence satisfactory to the Building Division that the proposed project is ill conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 2S. That a six (6)-foot high masonry block wall shall be constructed and maintained along the north, t~.e east and west property lines excepting the front setback where the wall height shall be three (3) feet. -3- 18. That prior to issuance of a building permit, the legal owner of subject property shall enter into a recorded agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that ten percent (10%) of the permitted number of residential units shall be rented as very Iow income housing as defined in Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than twenty (20) years from the date of issuance of occupancy permits. 19. That prior to issuance of a building permit, appropriate easements for electrical utilities purposes shall be provided as required by the Electrical Engineering Division. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 5. 21. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 7, 8, 10, 11, 16, 17, 18, and 19, 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. 22. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 9, 12, 15, 14, 15 and 20, above-mentioned, shall be complied with. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with tile 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 IT 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 bereinabove set forth. Should any such condition, or airy part thereof, be declared invalid or unenforceable by tile final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- City Tt4h FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 15th day of March, 1988. MAYOR OF THE CITY OW' ANAHEIM ATTEST: CITY CLERK OF THE-CITY OF ANAHEIM 3LW/jd 2559L 031888 -5- CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ~JqAHEIM ss. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing Resolution No. 88R-121 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of March, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickier and Bay NOES: COUNCIL MEMBERS: Hunter and Kaywood ABSENT: COUNCIL MEMBERS: None AND i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-121 on the 25th day of March, 1988. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of March, 1988. 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. 88R-121 duly passed amd adopted by the Anaheim City Council on March 15, 1988. CITY CLERK OF THE ~CITY OF ANAHEIM