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80R-554 RESOLUTION NO. 80R -554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3170. WHEREAS, after a request for variance by CLIFFORD O. BECKLER AND DORIS JEAN BECKLER, owners; URBANITES, INC. and WALTER BOWMAN, agents, 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. 3170 was granted covering the following described property: All that certain land situated in the City of Anaheim, County of Orange, State of California, described as follows: All that portion of the Rancho San Juan Cajon de Santa Ana being a portion of Lot One of Anaheim Extension, as said Lot One is shown on Map Survey made by William Hamel and acknowledged by Alfred Robinson, Trustee, on file in the office of the County Recorder of Los Angeles County, California, more particularly described as follows: Beginning at the Northeast corner of said Lot One, said corner being on the South line of La Palma Avenue, 60.00 feet in width as shown on said survey; thence Westerly 490.92 feet along the Northerly line of said Lot to the Northwest corner of the land described in the Deed to Roy C. Copeland and wife, recorded November 13, 1946 in Book 1459, page 460, Official Records of said Orange County, said Northwest corner of Copeland being the True Point of Beginning; thence Southerly along the West line of the land described to Copeland to a point on the North line of Lot 67 of Tract No. 1356, as shown on a map recorded in Book 46, pages 25 to 27 inclusive of Miscellaneous Maps, records of said Orange County: thence Westerly along said North line of Lot 67 and its Westerly extension, to the Southeast corner of Lot 75 of said Tract No. 1356: thence North- erly along the Easterly line of said Lot 75, and along the Easterly line of Lot 76 of said Tract, to the Northeast corner of said Lot 76; thence Westerly along the Northerly line of said Lot 76 to the Southeast cor- ' ner of the land described in the Deed to J.E. Walter and other, recorded May 13, 1947 in Book 1514, page 377, Official Records of said Orange County: thence North- erly along the Easterly line of the land of Walter to a point in the North line of aforesaid Lot 1 of Anaheim. Extension; thence Easterly along said North line to the True Point of Beginning. AND -1- All that certain land situated in the City of Anaheim, described as follows: That portion of Lot One of Anaheim Extension as said Lot One is shown on a Map or Survey made by Wm, Hamel and acknowledged by Alfred Robinson, Trustee, on file in the office of the County Recorder of Los Angeles County, de- scribed as follows: Beginning at a point in the North line of said Lot, being in the South line of La Palma Avenue, distant thereon 413.00 feet West of the Northeast corner of said Lot, run- ning thence West along the North line of said Lot, 77.84 feet; thence Southerly parallel with the Easterly line of said Lot, 345.77 feet; thence North 73° 54' 25" East 75 feet to a line which is parallel with the Easterly line of said Lot through the point of beginning; thence Northerly along said last mentioned parallel line, 324 feet to the point of beginning, EXCEPT the interest in the northerly 10.00 feet of said land conveyed to the City of Anaheim by Deed, recorded March 25, 1954 in Book 2695, page 327 of Official Records of said County. AND That portion of Lot 1 of the Anaheim extension, in the City of Anaheim, County Orange, State o.f California, as shown on a Map of Survey made by William Hamel and filed in the office of the County Recorder of Los Angeles County, California, a copy of which is shown in Book 3 pages 163 et seq., entitled "Los Angeles County Maps," records of said Orange County, described as follows: Beginning at a point in the north line of said lot, being in the South line of La Palma Avenue, distant thereon 335.24 feet West of the northeast corner of said lot; thence west along the north line of said lot, 77.84 feet; thence sou parallel with the easterly line of said lot, 324 fe thence north 73° 54' 25" East 75 feet to a line which is parallel with the easterly line of said lot through the point of beginning; thence northerly along said last mentioned parallel line 302.23 feet to the point of beginning. Except the interest t in north 10 and c he interest the no feet of said lon - veyed to the City of of Anaheim, for street widening purposes by deed recorded in Book 2695, Page 318, Official Records. Said land is included within the area shown on a map filed in Book 16 Page 9 of Record of Surveys, in the office of the County Recorder of said Orange County. -2- 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 surround- ings, 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 construction of a 48 -unit apart- ment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18,34.062.012 Maximum structural height. (One story permitted within 150 feet of RS -7200 zoning; two and three stories pro- posed) SECTION 18,34.065.011 Minimum distance between buildings. (deleted) That said variance be granted subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the center- line of the street along La Palma Avenue for street widening pur- poses, 2, That all engineering requirements of the City of Anaheim along La Palma Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, side- walks, street grading and paving, drainage facilities or other appur- tenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along La Palma Avenue shall be installed as required by the Office of Utilities General ,,• Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that 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 installation of the above - mentioned requirements prior to occupancy. 3. That the owners of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along La Palma Avenue. -3- 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works, 5. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Depart- ment prior to commencement of structural framing, 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be diposed of in a manner satisfactory to the City Engineer. 8. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as deter- mined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That the owners of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 10. That the interior walls of the proposed carports shall be stuccoed, that enclosed storage cabinets shall be provided along the rear wall of each carport; and that adequate bumper guards shall be provided to protect the interior walls of the proposed carports from damage. 11. That a six -foot high masonry wall shall be constructed along the south and west property lines. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 4; provided, however, that no three -story buildings shall exceed twenty -four (24) feet in height. 13. That the developer submit a line -of -sight plan acceptable to the City Planning Department for the project that demonstrates clearly that there would be no visual intrusion into single - family residential rear and side yards on the south and west. 14. That Condition Nos. 1 and 3, above - mentioned, shall be com- plied with prior to the commencement of the activity authorized under ,, this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -4- 15. That Condition Nos. 4, 6, 7, 10, 11, 12 and 13, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER. RESOLVED that the City Council hereby reserves the right to revoke such variance permit for good cause or failure of /''-' said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of December, 1980, iAe / 1 if►� go I � $ • -_ .N. EIM ATTEST: f C R7 0 C `_i 0 ANAHEIM JLW:fm -5- • • 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. 80R -554 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of December, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -554 on the 9th day of December, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of December, 1980. CITY C�OF THE CITY 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. 80R -554 duly passed and adopted by the Anaheim City Council on December 9, 1980. CITY CLERK