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87-413 RESOLUTION NO. 87R-413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3694. WHEREAS, after a request for variance by PHILIP F. PORRETTA AND EMILY PORRETTA, 700 S. Magnolia Avenue, Anaheim, CA 92804, owners, and DWYER BEESLEY, 485 E. 17th Street, Costa Mesa, Ca 92627, agent, on certain real property situated in the City of Anaheim, County of Orange, State of California, 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. 3694 was granted covering the following described property: PARCEL 1: THE SOUTH 75 FEET OF THE NORTH 6.00 ACRES OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE NORTH 10 FEET OF THAT PORTION OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-FOURTH OF THE SOUTHWEST ONE-FOURTH OF SECTION 18, TOWNSHIP FOUR SOUTH, RANGE TEN WEST, S.B.B. [ M. LYING SOUTH OF THE NORTH 6 ACRES OF SAID PORTION OF SAID SECTION EIGHTEEN, THE NORTH LINE OF SAID 10 FEET BEING THE SOUTH LINE OF SAID 6 ACRES; 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 to construct a 3-story, 16-unit apartment building on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.34.062.011 18.34.062.012 AND 18.34.062.013 Maximum building height (1-story within a 150-foot setback to single-family residential zoning and 2 stories over-all permitted; 3 stories at 9 to lO0-foot setbacks proposed) That said variance be granted subject to the following conditions: 1. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-11, now pending. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 3. 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. 4. 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. 5. 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. 6. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street(s). 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. 7. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That subject property shall be served by underground utilities. 9. 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- 10. That fire sprinklers shall be installed as required by the City Fire Marshall. 11. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. 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. 13. 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. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 15. 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, 3, 4, 5 and 13, 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. 16. That prior to final building and zoning inspections, Condition Nos. 7, 8, 10, 11, 12 and 14, 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 ali 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 13th day of October 1987. MAYOR OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG/jb 2075L 110287 -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-413 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of October, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-413 on the 13th day of October, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this i3th day of October, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, L~ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-413 duly passed and adopted by the Anaheim City Council on October 13, 1987. CITY CLERK-O~F THE CITY OF ANAHEIM