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87-164 RESOLUTION NO. 87R-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3634. WHEREAS, after a request for variance by JOSEPH CLARK AND LOIS CLARK, 1234 Dale Street, Anaheim, California 92804, owners, and MAGDY HANNA, 4000 MacArthur Boulevard, #680, Newport Beach, California 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. 3634 was denied covering the following described property: PARCEL 1: THAT PORTION OF THE WEST 5.13 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QBARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24, BEING 494.31 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 165.41 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO EMMER L. BEESON AND WIFE BY DEED RECORDED IN BOOK 1638 PAGE 150 OF OFFICIAL RECORDS; THENCE SOUTH 89° 58' 41" EAST ALONG THE SOUTH LINE OF SAID LAND CONVEYED TO EMMER L. BEESON AND WIFE 338.71 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 0° 12' 35" EAST ALONG THE EAST LINE THEREOF 165.46 FEET; THENCE NORTH 89° 59' 11" WEST 338.71 FEET TO THE POINT OF BEGINNING; 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 the action of the City Planning Commission denying said variance be, and the same is hereby, reversed and that Variance No. 3634 be, and the same is hereby, granted permitting construction of a three-story, 40-unit apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.04.043.101 Maximum wall height. (6 feet permitted; 10 feet proposed) SECTION 18.34.061.010 Minimum site area per dwelling unit. SECTION 18.34.062.012 Maximum structural height. (1 story permitted within 150 ft. of single-family residential; 3 stories pro- posed at 100 Et. and 2 stories proposed at 17 ft.) SECTION 18.34.062.020 - Maximum site coverage. (55% permitted; 60% proposed) SECTIONS 18.34.063.011 - AND 18.34.063.022 Minimum structural setback. That said variance be granted subject to the following conditions: 1. 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. 2. 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. 3. That gates shall not be installed across any 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. 4. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402-A pertaining to standard details for parking structure requirements and ramp requirements. 5. That all driveways to accommodate ten (10) foot City Traffic Engineer. shall be constructed or reconstructed radius curb returns as required by the 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. -2- 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That street lighting facilities along Dale Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 11. That fire sprinklers shall be installed as required by the City Fire Marshal. 12. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Dale Avenue in an amount as determined by the City Council. 13. That the curbing adjacent to subject property shall be painted red to facilitate on-street trash pick-up. 14. 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. 15. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector 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. 16. That a ten (10) foot high masonry block wall shall be constructed and maintained along the south property line. 17. That this Variance is granted subject to the adoption the Zoning Ordinance in connection with Reclassification No. 86-87-21, now pending. of 18. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 3 of Exhibit No. 1 and Revision No. 2 of Exhibit No. 2; provided, however, that except for the three granted waivers, this project shall comply with all applicable RM-1200 zone development standards, and that the "pool" or other recreational facilities shall not be located in any setback area adjacent to the south property line. 19. That, as stipulated to by the petitioner, prior to issuance of a building permit, the property owner shall prepare and record an unsubordinated covenant limiting the occupancy of each -3- apartment unit to no more than four (4) persons (other than children under the age of two [2] years). Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be furnished to the Planning Department. 20. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 10, 12, 15 and 17, and 19, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 21. That prior to final building and zoning inspections, Condition Nos. 5, 4, 5, 6, 7, 9, 10, 11, 15, 14, 16 and 18, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim t~is 28th. day of April, 1987. MAYOR~~OF TH~ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1820L 052187 -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. 87R-164 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of April, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-164 on the 28th day of April, 1987. iN wITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of April, 1987. 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. 87R-164 duly passed and adopted by the Anaheim City Council on April 28, 1987. CITY CLERK OF THE CITY OF ANAHEIM