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1973-526 RESOLUTION NO. 73R-526 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GPANTING VARlk~CE NO. 2553. ~~EREAS, after a request for variance by Anaheim Hills, Inc. and Texaco Ventures, Inc., owners, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2553 was granted, covering the following described property: Beginning at the southwesterly terminus of that certain course shown as HNorth 660 33' 56" East 1,689.54 feet'; on the Map filed in Book 91, page 40 of Records of Survey on file in the office of the County Recorder of said Orange County; thence along said course North 660 33' 56" East 196.28 feet; thence South 290 47' 28" East 478.88 feet; thence South 280 07' 06" East 329.94 feet; thence South 000 06' 45" East 888.74 feet; thence South 570 48' 1411 vvest 28.65 feet; thence North 760 15' 49" West 370.60 feet; thence North 420 44' 55" West 445.16 feet to a point on a curve concave northwesterly having a radius of 600 feet, a radial to said point bears South 420 44' 55'! East; thence northeasterly along said curve through a central angle of 110 15' 05" a distance of 117.83 feet; thence tangent to said curve North 360 00' 00" East 217.73 feet to a tangent curve concave south- easterly having a radius of 600.00 feet; thence northeasterly along said curve through a central angle of 000 34' 04" a distance of 5.95 feet; thence along a radial line of said curve North 530 25' 56" West 39.00 feet; thence North 110 31' 5111 West 190.84 feet; thence North 210 10' 26i1 West 135.66 feet; thence North 300 03' 1611 West 91.85 feet; thence North 370 14' 05" West 62.80 feet; thence North 240 31' II" West 62.65 feet; thence North 130 44' 5711 West 250.56 feet to the southwesterly prolongation of that certain course hereinabove described as ilNorth 660 33' 5611 East 1,689.5411; thence along said prolonga- tion North 660 33' 56" East 206.57 feet to the point of beginning. vlliEREAS, 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 classifica- tion in the vicinity. "'''''--'''' -1- 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 classifica- tion 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 a 108-unit apartment complex on R-A zoned property, hereinbefore described with waivers of the following Sections of the Anaheim Municipal Code: SECTION 18.28.050(5) (b) - Maximum building height. (one- story permitted; two-story proposed) SECTION 18.28.050(10) (d) - Requirement that carports be enclosed on three sides. That said variance be granted subject to the following conditions: 1. That the owners of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Canyon Rim Road for tree planting purposes. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 5, That subject property shall be served by under- ground utilities. 6. That the owners of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be protected with six-inch high concrete curbs, and concrete wheel stops shall be provided for parking spaces. 8. That this Variance is granted subject to the completion of reclassification No. 71-72-44, now pending. .- 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemna- tion proceedings therefor (the costs of which sh~ll be bor~e by the developer) prior to the commencement of grad1ng operat10ns. -2- <".-., The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer~ Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construc~ tion activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That the property owners shall obtain approval of the City Council of an exception to Sections 17.06.110 and 17.06.120 of the Anaheim Municipal Code in order to allow slopes to be located at other than required locations. 12. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1, 2, 3 and 4. 13. That Conditions Nos. 1, 8, and 11, abmre mentioned, shall be complied with prior to the commencement oi the activity authorized under this resolution, or prior to the time that the building permit is issued, or within period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 14. That Conditions Nos. 2, 4, 5, 7, 9, 10 and 12, 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 speci~ fied herein. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of November, 1973. ,"~" AT'rEST: fJ~ ~_ n~ CITY CLERK OF THE CITY OF ANAHEIM FAL: jh ...3- "- - ~, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-526 was passed and adopted at a regular meeting of the City Council held on the 6th day of November , 1973.., by the following vote of the members thereof: --.. AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY and DUTTON NOES: COUNCILMEN: THOM ABSENT: COUNCILMEN: NONE AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 6th day of November , 19~ IN WITNESS ~VHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6t~__ day of November , 19 73 . ~/Jt~ CITY CLE~~ OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-526 duly passed and adopted by the Anaheim City Council on November 6, 1973. ~M~ City Clerk -"