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1975-211RESOLUTION NO. ?5R -211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2684, IN PART. WHEREAS, after a request for variance by Berwood Corporation, owner, 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. 2684 was granted, in part, covering the following described property: The East half of Lot 9 of Helen and Lynch's addition to Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 442, page 158 of Deeds, Records of Los Angeles County, California. Except a strip 30 feet wide along the East line. Also a portion of Lot 9 described as follows: Beginning at the northeast corner of said Lot 9; thence South 88° 54' 42" West 239.00 feet along the North line of said Lot 9 to the true point of beginning; thence South 0° 10' 08" East 142.41 feet along a line parallel to the East line of Lot 9; thence North 88° 54' 42" East 73.63 feet; thence South 0° 10' 08" East 91.61 feet to a point on a curve concave southwesterly for a radius of 45.00 feet; thence southeasterly along said curve from a tangent bearing South 70° 10' 12" East an arc distance of 81.33 feet to a reverse curve having a radius of 45.00 feet, a radial from this point having a bearing of North 56 36' 42" West; thence southerly 10.27 feet along said curve through a central angle of 13 04' 12 thence North 89° 02' 14" East 118.24 feet to the West line of the East 30.00 feet of said Lot 9; thence along said West line North 0 10' 08" West 310.84 feet to the North line of said Lot 9; thence along said North line South 38° 54' 42" West 209.06 feet to the true point of beginning. 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 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, in part, permitting a 390 unit apartment complex on the aforedescribed property with waivers of the following Sections of the Anaheim Municipal Code: SECTION 18.34.062.012 Maximum building height. (One story required within 150 feet of RS- A- 43,000 Zone; two stories proposed) SECTION 18.34.062.032 Minimum floor area. (700 square feet per unit required; 518 square feet proposed) SECTION 18.34.065.011 Minimum distance between buildings. (16, 24, 28, 29 and 30 feet required; 10, 10, 24, 21 and 9 feet proposed, respectively) SECTION 18.34.066.030 Required enclosure of carports. (390 spaces required to be enclosed on three sides; 212 spaces proposed) That said variance be granted, in part, subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 48 feet in width from the centerline of the street along Broadway and a strip of land 48 feet in width from the centerline of the street along Loara Street for street widening purposes; and in accordance with exhibits approved in connection with Area Development Plan No. 116. 2. That all engineering requirements of the City of Anaheim along Broadway and Loara Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Broadway and Loara Street shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond 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. 3. That the owner of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Broadway and Loara Street for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. -2- 5. 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. 6. That subject property shall be served by underground utilities. 7. That a six -foot masonry wall shall be constructed along the south and east property lines. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner 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. 10. That appropriate water assessment fees as deter- mined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That this Variance is granted subject to the completion of Reclassification No. 71- 72 -18, now pending. 12. That detailed plans shall be submitted to the Development Services Department for review and approval of the carports which are to be partially enclosed on each of three sides and showing the means by which the required 100 cubic feet of general storage space for each dwelling unit will be provided, prior to the issuance of a building permit. 13. 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 through 6. 14. That Conditions Nos. 1, 2, 3 and 11, above mentioned, shall be complied 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 or City Council may grant. 15. That Conditions Nos. 4, 6, 7, 8 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 owner, its 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 29th day of April, 1975. 114C A i i HE C T Y 0 ANAHEIM ATTEST: CITY CLERK OF THE CAT OF ANAHEIM FAL:jh -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No, 75R -211 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of April, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, "Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT; COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No, 75R -211 on the 29th day of April, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of April, 1975, (SEAL) CITY CLERK OF THE CI OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -211 duly passed and adopted by the Anaheim City Council on April 29, 1975. City Clerk