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84R-012 RESOLUTION NO. 84R -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3345. WHEREAS, after a request for variance by HUGO A. VAZQUEZ, 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. 3345 was granted, in part, covering the following described property: PARCEL 1: LOTS 21 AND 22 OF "SMITH & DEAN'S RE- SUBDIVISION OF THE SOUTHERLY 404.08 FEET OF BLOCK A. HOTEL DEL CAMPO TRACT," AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF THE ALLEY ADJOINING LOT 22 OF "SMITH & DEAN'S RE- SUBDIVISION OF THE SOUTHERLY 404.08 FEET OF BLOCK A, HOTEL DEL CAMPO TRACT," AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, ON THE NORTH; VACATED BY ORDER OF THE BOARD OF TRUSTEES OF THE CITY OF ANAHEIM JANUARY 4TH, 1923, A CERTIFIED COPY OF WHICH ORDER WAS RECORDED JANUARY 13TH, 1923 IN BOOK 20, PAGE 136 OF MISCELLANEOUS RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 22; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT EXTENDED NORTHERLY, 10 FEET; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID LOT 22, 140 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 22 EXTENDED NORTHERLY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE EXTENDED 10 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF 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 sur- roundings, 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 prop- erty 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 an 8 -unit affordable 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) SECTION 18.34.063.022 Minimum sideyard setback. (5 to 10 feet required; 4 to 6 feet proposed) 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 for each new dwelling unit. 3. 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. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That prior to issuance of building permits, the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that twenty -five percent (25 %) of the residential units shall be rented as low or moderate income housing as defined in Government Code Section 65915 and with appropriate resale controls as approved by the City of Anaheim. 6. 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 4; provided, however, that a six -foot (6') high block wall shall be constructed along the south and north property lines, and that the maximum building height (uppermost point of roof) shall not exceed 32 feet. 7. That prior to final building and zoning inspections, Condition Nos. 4 and 6, above - mentioned, shall be complied with. -2- 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 jur- isdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of January, 1984. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 2102M 2/13/84 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -12 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of January, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Overholt, Pickier and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -12 on the 10th day of January, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of January, 1984. CITY C ERK OF THE CITY 1 ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -12 duly passed and adopted by the Anaheim City Council on January 10, 1984. CITY C ERK