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86R-065 RESOLUTION NO. 86R-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3523 WHEREAS, after a request for variance by ORVILLE B. WOODS, et a1., 621 North Pine Way, Anaheim, California 92805, owner, and RONALD J. CROWLEY, 1700 Raintree Road, Fullerton, California 92635, 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. 3523 was granted covering the following described property: ALL THAT PORTION OF LOT 1, ANAHEIM EXTENSION, IN THE CITY AS SHOWN ON A MAP THEREOF MADE BY WILLIAM HAMEL AND ON FILE IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 1, ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF MADE BY WILLIAM HAMEL AND ON FILE IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 1, SAID POINT BEING ON THE SOUTHERLY LINE OF EAST LA PALMA AVENUE (SOMETIMES CALLED EAST NORTH STREET) 60 FEET IN WIDTH, AND SAID POINT BEING DISTANT WESTERLY ALONG SAID SOUTHERLY LINE 741.59 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO JOHN AND LORENE YODERS BY DEED RECORDED IN BOOK 1782, PAGE 33, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LAND OF YODERS 188.10 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LAND CONVEYED TO J. E. WALTER, ET AL, BY DEED RECORDED IN BOOK 1514, PAGE 377, OFFICIAL RECORDS OF ORANGE COUNTY, 71.80 FEET; THENCE NORTHWESTERLY PARALLEL WITH SAID NORTHEASTERLY BOUNDARY OF YODERS, A DISTANCE OF 167.10 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID LA PALMA AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 74.51 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- 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; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same js hereby, granted permitting a 20-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0121 18.06.080 AND 18.34.066.010 Required type of parking spaces. (SO spaces required with minimum 40 covered; SO spaces pro- posed with 33 covered) SECTION 18.34.062.012 Maximum structural height. (1 story within 150 feet of single-family resi- dential zoning permitted; 2 stories within 48, 51 and 101 feet of single- family residential zoning to the west, south and north proposed) SECTION 18.34.063.011 Minimum structural setback. (20 feet adjacent to La Palma Avenue required; 8 to 44 feet proposed) Maximum wall height. (6 foot high maximum permit- ted; 7 foot high adjacent to southerly property line proposed) SECTION 18.34.068 -2- That said variance be granted subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along La Palma Avenue in an amount as determined by the City Council. 2. 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. 3. 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. 4. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along La Palma Avenue for street widening purposes. 5. That the vehicular access rights to La Palma Avenue except at approved access points, shall be dedicated to the City of ftnaheim. 6. 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, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work required to remove existing improvements and construct full street improvements at their ultimate location shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; 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 said improvements. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 7. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That street lighting facilities along La Palma 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 -3- the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 10. 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. 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 prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 13. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 67-68-68, now pending. 14. That a 6-foot high block wall along the westerly property line (excepting the required front setback area), and a 7-foot high block wall along the southerly property line shall be constructed and permanently maintained. IS. 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. 16. 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. 17. That the owner of subject property shall submit a letter requesting termination of Variance No. 3482 to the Planning Department. 18. 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 and 2. 19. 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, 6, 9, 12, 13, 16 and 17, 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. 20. That prior to final building and zoning inspections, Condition Nos. 6, 7, 8, 9, 10, 11, 14, IS and 18, above-mentioned, shall be complied with. -4- 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. M ATTEST: ~~ ?c ~~ CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 4886M 031086 -5- CLERK STATE OF CALIFORNIA ) COUN1Y OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-65 was introduced and adopted at a special meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of February, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Pickler 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. 86R-65 on the 18th day of February, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of February, 1986. ~.~ ~,~ CITY CLERK OF THIr 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. 86R-65 duly passed and adopted by the Anaheim City Council on February 18, 1986. ~~/! s-'~ CITY CLERK