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88-153 RESOLUTION NO. 88R-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM GRANTING VARIANCE NO. 5741. WHEREAS, after a request for variance by VIVIAN IDA PAULSON & MILDREN M. MOORE, 2517 Hiway 35, Valley Park Manasquan, New Jersey 08736, owners, and JEROME R. DRUKIN, 1425 E. Lincoln Avenue, Suite Q, Anaheim, CA 92805, 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. 3741 was granted covering the following described property: PARCEL 1: THE EAST 145.50 FEET OF LOT 26 OF TRACT NO. 403 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE EAST 145.50 FEET OF LOT 25 TRACT NO. 403 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 11, 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. 3. That the developer of said property has agreed to construct at least ten percent (10%) of the housing development for lower income households as defined in Section 50079.5 of the Health and Safety Code. 4. For the aforesaid reason, Section 65915 of the Government Code authorizes the City to grant to developer a density bonus consisting of a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. 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, 6-unit affordable apartment project on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTIONS AND 18.040.043.101-Maximum fence height. 18.32.064.070 (6 ft. permitted; 8 ft. proposed) (B) SECTION 18.32.061.010 -Minimum buildin~ site area per dwelling unit. (2400 sq. ft. per dwelling unit required; 2192 proposed) (C) SECTION 18.32.062.012 -Maximum structural height. (1 story within 150 feet of a single-family zone permitted; 2 stories within 5 feet of - single-family zone proposed) That 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. 87-88-34, now pending. 2. That drainage of the subject property shall be to Harding Drive and not to the alley. o That in the event a parcel map is not recorded combining the two existing lots, the property owner/developer shall furnish the Zoning Division with a copy of a recorded covenant and agreement in a form approved by the City Attorney agreeing to hold subject property as one parcel. o That as required by the City Traffic Engineer, all garages having garage doors shall be equipped with rollup doors. That the property shall be served by the City of Anaheim Water Department, and an adequate water line as approved by the Water Utility Division shall be installed; and that prior to rendering of water service the appropriate fees due for primary, secondary and fire protection shall be paid to the Water Utility Division by the owner/developer in accordance with Rules iSA and 20 of the Water Utility Rates, Rules and Regulations. -2- 10. 11. 12. 15. 14. 15. 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. Fire flow shall be 2500 gallons per minute as required by the City Fire Department. 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 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 the City Council. 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 Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. That trash storage areas shall be provided and in accordance with approved plans on file with Maintenance and Sanitation Division. maintained the Street That ali 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 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. That a six (6)-foot high masonry block wail shall be constructed and maintained along the south property line excepting the front setback where the wail height shall not exceed three (5) feet; and an eight (8) foot high masonry block wall shall be constructed and maintained along the north property line abutting the public alley. That prior to issuance of a building permit, the developer 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 -5- of residential units shall be rented to lower income households as defined in Health and Safety Code Section S0079.S 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. 16. 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. 17. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, Condition Nos. 1, 3, 8, 9, 10, 15, 14 and IS, 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. 18. That prior to final building and zoning inspections, Condition Nos. 2, 4, 7, 11, 12 & 16, above-mentioned, shall be complied with. 19. 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 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 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 12th day of April, 1988. MAYOR OF THE CITY OF ANAHEIM ATTESTs., CITY CLERK OF THE CITY OF ANAHEIM JLW/jd 2411L 041488 -4- CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM SS. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R- 153 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12tH day of April, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: C00NCiL MEMBERS: Kaywood and Pickler ABSF~T: COUNCIL MEMBERS: None ~qD I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-153 on the l~th day of April, 1988. IN WITNESS WHEF. EOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of April, 1988. CiTY CLERK OF THE C±TY OF ANAHEr~ (SEA~) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the £oregoing is the original of Resolution No. 88R-153 duly passed and adopted by the Anaheim City Council on April 12, 1988. CITY CLERK OF THE CITY OF ANBJ{EIM