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88-150RESOLUTION NO. 88R-150 A RESOLUTION OF THE OF ANAHEIM GRANTING PART. CITY COUNCIL OF THE CITY VARIANCE NO. 3735, IN WHEREAS, after a request for variance by 13222 CHAPMAN, 4201 W. Chapman Avenue, ~ange, California 92668, owner, and ANDREW HOMES, 4000 MacArthur Boulevard, #680, Newport Beach, California 92660, ATTN: MIKE NAWAR, 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. 3?35 was granted, in part, covering the following described property: PARCEL NO. 1, AS SHOWN ON A MAP FILED IN BOOK 43, 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; and PAGE 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 itl 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 131-unit, 3-story apartment project 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 18.34.062.013 [2 story permitted; 3 stories p7o~) 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. 87-88-31, now pending. 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. 11. 12. 15. 14. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. That fire sprinklers shall be installed as required by the City Fire Marshall. That prior to issuance of a building permit 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. 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 gates shall not be installed across any 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. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-B pertaining to standard details for parking structures. That ail driveways 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. 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 ali air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 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. -2- 15. That a six (6)-foot high masonry block wail shall be constructed and maintained along the south and east property lines excepting the front setback where the wall height shall be no higher than three (3) feet. 16. 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. 17. 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, 2, S, 6, 8, and 14, 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. 3, 4, 9, 12, 13, 15, and 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 c t, Anaheim this 12th d of ^pril, 1988. MAYOR OF THE CITY O1~ ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW/jd 2408L 041488 CLEP, K 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. 88R-150 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, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A-ND I FURTHER certify t~t the Mayor of the City of Anaheim signed said Resolution No. ~8R-150 on the 18th day of April, 1988. IN WifNESS WHEREOF, i have hereunto set my hand and affixed the seal of the City of Analleim this i8th day of April, 1988. CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing is the original of Resolution No. 88R-150 duly passed and adopted by the Anaheim City Council on April 12, 1988. CIT? CLERK OF THE CItY OF ~-