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88-143 RESOLUTION NO. 88R-143 A RESOLUTION OF THE CITY COUNCIL OF THE OF ANAHEIM GRANTING VARIANCE NO. 3746 (REHEARING). CITY WHEREAS, after a request for variance by ANGELO BRUTOCAO, ET. AL., 2240 W. Lincoln Avenue, Anaheim, California 92801, owner, and HUGO A. VAZQUEZ, 2240 W. Lincoln Avenue, Anaheim, California 92801, 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. 3746 was granted covering the following described property: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8 WITH THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM, RECORDED NOVEMBER 1, 1957 iN BOOK 4089 PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE NORTH 0 DEG. 02' 24" WEST 835.43 FEE]' ALONG SAID SOUTHERLY PROLONGATION INTERSECTION OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK 50 PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14" WEST 351.68 FEET PARALLEL WITH SAID NORTHERLY LINE TO THE EASTERLY LINE OF SAID TRACT NO. 1775; THENCE SOUTH 1 DEG. 16' 54" EAST 835.16 FEE1 ALONG SAID EASTERLY LINE TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89 DEG. 31' 00" EAST 333.59 FEET ALONG SAID SOUTH LINE 1'O THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS 1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPER10R COURT CASE NO. 70691, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF SAID OFFICIAL RECORDS; 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 did adopt its Resolution No. 88R-73 denying Variance No. 3746; and WHEREAS, thereafter within the time provided by law, the City Council did receive an application for rehearing upon said determination which application for rehearing was subsequently granted by the City Council; and WHEREAS, the City Council did duly hold and conduct such rehearing and did give all persons interested therein an opportunity to be heard, and as a result thereof the City Council does hereby make the following findings: 1. That there are special circumstances applicable property, including size, shape, topography, location or surroundings, which do not apply to other property under zoning classification in the vicinity. to the identical 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 184-unit, 38-foot high, 2 to 4-story "affordable" apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTIONS 18.04.043.102 - AND 18.34.068.021 Maximum fence height. (6 ft. permitted; 8 ft. proposed) (B) SECTIONS 18.34.062.011 - AND 18.34.062.012 Maximum structural height. (1 story within 150 ft. of single family residential zone & 2 stories otherwise permitted; 2 to 4 stories proposed at 72 ft.). (C) SECTION 18.34.065.01 Minimum distance between buildings. (45 ft. required; 30 ft. proposed, 43 ft. required; 20 ft. proposed, 4-~. required; ~-0-~. proposed, & 46 ft. required; 20 ft. proposed) That said variance be granted subject to the following conditions: 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 a modified cul-de-sac shall be provided at the terminus of Diane Way as required by the City Engineer. That sidewalks and driveways shall be repaired along Lincoln Avenue and Muller Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. -2- o 10. 11. 12. 13. 14. 15. 16. That prior to issuance of a building permit, the City Traffic Engineer shall review and approve the location sheer walls located in the parking garage in order to ensure vehicular/pedestrian visibility. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. That as required by the City Traffic Engineer, both parking spaces in a tandem design configuration shall be assigned to the same apartment unit. 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 15A and 20 of the Water Utility Rates, Rules and Regulations. 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 and ramp requirements. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. That subject property shall be served by underground utilities. That if required by the Fire and Police Departments, ail 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 fire sprinklers shall be installed as required by 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. -3- 17. 18. 19. 20. 21. 22. 23. 24. 25. 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 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 an eight (8)-foot high masonry block wail shall be constructed and maintained along the west property line. That any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. That prior to issuance of a building permit, the developer shall enter into a recorded agreement with the City of Anaheim to provide that ten percent (10%) of the 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. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-24, now pending. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 572 to the Zoning Division. That subject property shall be developed accordance with plans and specifications City of Anaheim marked Revision No. 5 of through 7. substantially in on file with the Exhibit Nos. 1 That prior to issuance of a building permit, the developer shall post a bond or other security acceptable to the City of Anaheim to guarantee the construction of a traffic signal at the intersection of Aladdin Drive and Lincoln Avenue, as approved by the City Traffic Engineer. Construction of the traffic signal shall be completed prior to final building and zoning inspections. -4- 26. 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, 5, 8, 10, 18, 21, 22, 23 and 25, 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. 27. That prior to final building and zoning inspections, Condition Nos. 3, 4, 11, 12, 13, 14, 15, 16, 17, 19, 24 and 25, above-mentioned, shall be complied with. 20, 28. 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. Tt-iE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this S-ch day of April, 1988. blAYO~ ~-~ T~-~- ~IT~ OF ~NAHEIM ATTEST: C!T5 CLERK OF THE CITY OF ANAHEIM JLW/jd 2399L 041188 CLERK STATE OF CALIFOrnIA COUNTY OF ORANGE CITY OF ANAHEIM ss. I, LEONORA N..SOHL, City Cler~ of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-143 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of April, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: COUNCIL MEMBERS: Pickler and Daywood ABSENT: COUNCIL MEMBERS: None AND i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-14B on the 13tn day of April, 1988. IN WITNESS WHER~EOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1Bth day of April, 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-143 duly passed and adopted by the Anaheim City Council on April 5, 1988. THE CITY OE AN~kME±M