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88-403 RESOLUTION NO. 88R-403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3834. WHEREAS, after a request for variance by NEWPORT PACIFIC REALTY AND INVESTMENT, 4000 MacArthur Blvd., #680, Newport Beach, CA 92660, owner, 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. 3834 was granted covering the following described property: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 17, A DISTANCE OF 105.00 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO MARY CLARK, RECORDED AUGUST 4, 1955, IN BOOK 3161, PAGE 522 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, NORTH 0 DEGREES 25' 14" EAST 210.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEGREES 57' 09" EAST 105.00 FEET TO THE EASTERLY LINE OF SAID WEST HALF; THENCE SOUTHERLY ALONG SAID EASTERLY LINE 210.00 FEET TO THE POINT OF THE BEGINNING. PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, SAID POINT BEING 100 FEET WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 117 FEET; THENCE NORTH 0 DEGREES 25' 14" EAST 210 FEET; THENCE SOUTH 89 DEGREES 57' 09" EAST 117 FEET; THENCE SOUTH 0 DEGREES 25' 14" WEST 210 FEET TO THE POINT OF THE BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITH PARCEL 1.; 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 three-story, 22-unit, apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.011 Maximum structural height. (2 stories permitted, 3-stories 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 determined by City Council resolution. 2. That subject property shall be served by underground utilities. o That sidewalks shall be installed along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That the existing driveways on Ball Road shall be removed and replaced with standard curb and gutter and sidewalk. That the driveway 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 a parking plan indicating compliance with City parking design standards and eliminating two tandem parking spaces shall be submitted to and approved by the City Traffic Engineer. That in the event a parcel map is not recorded combining the two (2) existing lots, the legal property owner 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. That gates shall not be installed across driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. 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. -2- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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. 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 drainage o£ subject property shall be disposed of in a manner satisfactory to the City Engineer. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the City Fire Department. That if required by the Fire and/or Police Department, all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Fire Department, and the City Police Department. 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. That a six (6)-foot high masonry block wall shall be constructed and maintained along the east property line. That the on-site landscaping shall be maintained in compliance with City standards. That this Variance is granted subject to the adoption of Zoning Ordinance in connection with Reclassification No. 88-89-09, now pending. the That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that revised plans shall be submitted to and approved by Planning Department staff and City Traffic Engineer eliminating two tandem parking spaces, and eliminating the bathroom doorway opening into the kitchen. 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, 6, 7, 8, 10, 15, 16 and 18, 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. -3- 21. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 5, 9, 11, 13, 14 and 19, above-mentioned, shall be complied with. 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. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 8th day of November, 1988.. MAYOR OF THE CITY OF A~NAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dm 2814 -4- 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. 88R-403 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of November, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-403 on the 15th day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of November, 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-403 duly passed and adopted by the Anaheim City Council on November 8, 1988. CITY CLERK OF THE CITY OF ANAHEIM