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90-059 RESOLUTION NO. 90R-$9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4013. WHEREAS, after a request for variance 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. 4013 was granted covering the following described property: PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK $1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 8, 4?4.6? FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, 238 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15 FEET, MORE OR LESS, TO A POINT 306.92 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE 183.02 FBBT TO A POINT 123.90 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER: THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 8212 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER 36?.63 FEET TO THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 8; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID 25 ACRE TRACT OF LAND 822 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE OF THE NORTHWEST QUARTER 16 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 60.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT LAND DESCRIBED IN CITY OF ANAHEIM RESOLUTION 72R-191 RECORDED MAY Z3, 1972 IN BOOK 10138, PAGE 544, OFFICIAL RECORDS OF SAID COUNTY. GRNTG VAR 4013 ALSO EXCEPTING THEREFROM THAT PORTION SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY 15, 1961 IN BOOK 5630, PAGE 618, OFFICIAL RECORDS OF SAID COUNTY. TOGETHER WITH THAT LAND DESCRIBED AS PARCEL NO. 803.1 IN A QUITCLAIM DEED RECORDED MARCH 13, 9162 IN BOOK 603?, PAGE 504, OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM SAID PARCEL NO. 803.1 THE WESTERLY 30.00 FEET THEREOF. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT EAST 30.00 FEET AND NORTH 15.00 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER: THENCE BAST 396.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 108.90 FEET; THENCE WEST 396.00 FEET; THENCE SOUTH 108.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JUNE 24, 1959 IN BOOR 4??2, PAGE 191, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM SAID PARCEL 1 THE SOUTHERLY 30.00 FEET THEREOF. PARCEL C: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ZS RODS, 13.5 FEET EAST AND 15 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST; RUNNING THENCE EAST 24 RODS; THENCE NORTH 6-3/5 RODS; THENCE WEST 24 RODS; THENCE SOUTH 6-3/5 RODS, TO THE POINT OF BEGINNING. -2- GRNTG VAR 4013 EXCEPTING THEREFROM SAID PARCEL 2 THE SOUTHERLY 30.00 FEET THEREOF. ALSO EXCEPTING THEREFROM SAID PARCEL 2 THE PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THAT LAND CONVEYED TO THE CITY OF ANAHEIM BY INSTRUMENT RECORDED OCTOBER 1, 1974 IN BOOK 11225, PAGE 1660, OFFICIAL RECORDS OF SAID COUNTY: THENCE SOUTH 89 DEGREES 43' 30" EAST 23.28 FEET TO THE NORTHEASTERLY CORNER OF SAID CITY OF ANAHEIM LAND, SAID NORTHEASTERLY CORNER ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE CONTINUING SOUTH 89 DEGREES 43' 3~" EAST 171.71 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING, HEREINAFTER REFERRED TO AS POINT A; THENCE CONTINUING SOUTH 89 DEGREES 43' 30" EAST 224.29 FEET TO THE EASTERLY BOUNDARY LINE OF SAID PARCEL 2; THENCE SOUTH 0 DEGREES 16' $0" EAST 78.90 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 2; THENCE NORTH 89 DEGREES 43' 30" WEST 225.06 FEET; THENCE NORTH 0 DEGREES 16' 30" EAST 78.90 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK S1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 8, 476.67 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, 238 FEET: THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15 FEET, MORE OR LESS, TO A POINT 306.92 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WESTS LINE 183.02 FEET TO A POINT 123.90 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 822 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER 367.63 FEET TO THE SOUTH LINE OF THE NORTH 25 ACRES OF THE -3- GRNTG VAR 4013 SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 8; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID 2S ACRE TRACT OF LAND 822 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE OF THE NORTHWEST QUARTER, 16 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM SAID PARCEL 3 THAT PORTION NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY LINE OF THAT LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY 15, 1961 IN BOOK 5630, PAGE 618, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM SAID PARCEL 3 THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT A, SAID POINT A ALSO BEING ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 3; THENCE SOUTH 89 DEGREES 43' 30" EAST 224.290 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 3 TO THE EASTERLY BOUNDARY LINE OF SAID PARCEL 3; THENCE NORTH 0 DEGREES 16' S0" WEST 143.41 FEET ALONG SAID EASTERLY BOUNDARY LINE TO THE SOUTHEASTERLY BOUNDARY LINE OF SAID LAND DESCRIBED IN BOOK 5630, PAGE 618; THENCE SOUTH 71 DEGREES 20' 0S" WEST 235.66 FEET ALONG SAID SOUTHEASTERLY BOUNDARY LINE; THENCE SOUTH 0 DEGREES 16' 30" WEST 66.91 FEET TO THE POINT OF BEGINNING. PARCEL E: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 A WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK S1, PAGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK S1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30.00 FEET EAST, AND 15.00 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTFB~EST QUARTER; THENCE EAST 396.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 108.90 FEET; THENCE WEST 396.00 FEET; THENCE SOUTH 108.90 FEET TO THE POINT OF BEGINNING. THAT LIES NORTHWESTERLY OF A LINE THAT IS PARALLEL WITH AND DISTANT 30.50 FEET SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BROOKHURST STREET AND CRESCENT AVENUE (EASTERLY) IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY SURVEYOR'S TRANSIT -4- GRNTG VAR 4013 BOOK 114, PAGE 27, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN NOVEMBER 20, 1957; THENCE NORTH 89 DEGREES 57' 10" EAST ALONG SAID CRESCENT AVENUE CENTERLINE, 1591.73 FEET TO A POINT (SAID POINT ALSO BEING DISTANT THEREON SOUTH 89 DEGREES 57' 10" WEST, 1069.59 FEET FROM THE CENTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B.~ M, AS SHOWN IN SAID TRANSIT BOOK 114, PAGE 27 ON NOVEMBER 20, 1957); THENCE NORTH 0 DEGREES 02' 50" WEST, 450.00 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET (SAID COURSE BEARING NORTH 0 DEGREES 02' 50" WEST BEING RADIAL TO SAID CURVE); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 DEGREES 56' 05", AN ARC DISTANCE OF 660.95 FEET TO A LINE TANGENT; THENCE SOUTH 71 DEGREES 01' 05" WEST, 996.83 FEET ALONG SAID TANGENT LINE, TO A POINT IN THE CENTERLINE OF SAID BROOKHURST AVENUE TANGENT LINE, TO A POINT IN THE CENTERLINE OF SAID BROOKHURST AVENUE AS SHOWN IN COUNTY SURVEYOR'S TRANSIT BOOK 114, PAGE 28 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY ON NOVEMBER 20, 1957, SAID POINT BEING DISTANT THEREON NORTH 0 DEGREES 35' 50" WEST, 18.30 FEET FROM THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JUNE 24, 1959, IN BOOK 4772, PAGE 191 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0 DEGREES 35' 50" EAST, 35.00 FEET ALONG THE WEST LINE OF SAID LAND; THENCE NORTH 89 DEGREES 57' 10" EAST, 54.74 FEET PARALLEL WITH THE NORTH LINE OF SAID LAND TO A LINE PARALLEL WITH THE NORTHWESTERLY 70.00 FEET FROM THE SOUTHEASTERLY LINE OF SAID LAND; THENCE NORTH 71 DEGREES 01' 05" EAST, 107.86 FEET ALONG SAID PARALLEL LINE TO THE NORTH LINE OF SAID LAND; THENCE SOUTH 89 DEGREES 57' 10" WEST, 157.10 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, SAID EXCEPTED PORTION HEREINAFTER REFERRED TO AS EXCEPTED PORTION 1. ALSO EXPECTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD), RECORDED JUNE 24, 1959 IN BOOK 4772, PAGE 191, OFFICIAL RECORDS OF SAID COUNTY; -5- GRNTG VAR 4013 THENCE NORTHERLY ALONG THE BOUNDARY OF SAID OCFCD LAND 73.90 FEET TO THE SOUTHWESTERLY CORNER OF SAID EXCEPTED PORTION 1; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID EXCEPTED PORTION 1, 50.00 FEET; THENCE SOUTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID OCFCD LAND 16.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.51 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 36.45 FEET THROUGH A CENTRAL ANGLE OF 81 DEGREES 52' 19"; THENCE SOUTHEASTERLY TANGENT TO SAID CURVE 20.97 FEET TO AN INTERSECTION POINT WITH A LINE THAT LIES 30.00 FEET NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE OF SAID OCFCD LAND, SAID INTERSECTION POINT LIES 67.69 FEET WESTERLY OF THE SOUTHEASTERLY BOUNDARY LINE OF SAID OCFCD LAND; THENCE 67.69 FEET EASTERLY ALONG SAID PARALLEL LINE TO SAID SOUTHEASTERLY BOUNDARY LINE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY LINE TO THE SOUTHERLY BOUNDARY LINE OF SAID OCFCD LAND; THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY LINE TO THE POINT OF BEGINNING. PARCEL F: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN-THE RANCHO LOS COYOTES, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 AS SAID PARCEL IS DESCRIBED IN INSTRUMENT RECORDED FEBRUARY 15, 1961 IN BOOK S630, PAGE 618, OFFICIAL RECORDS OF SAID COUNTY; 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 the developer of said property has agreed to construct at least ten percent (10%) of the housing development for very low income households as defined in Section 50105 of the Health and Safety Code; and 2. For the aforesaid reason, Section 65915 of the Government Code authorizes the City to grant to developer a density bonus consisting of a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. ~6- GRNTG VAR 4013 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 2 and 4-story, 228-unit "affordable" apartment complex on the property hereinbefore described with waivers of the foilowing sections of the Anaheim Municipal Code: SECTION 18.34.061.010 Minimum Site Area Per Dwelling Unit. (1,200 sq. ft. required; 1,114 sq. ft. proposed) SECTION 18.34.062.011 Maximum Structural Height. (2-stories permitted; 2 to 4-stories proposed) SECTIONS 18.34.065.010 Minimum Distance Between and 18.34.065.011 Buildings. {29 to 43 feet required; 11 to 25 feet proposed) That said variance be granted subject to the following conditions: 1. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land twenty seven (27) feet in width from the centerline of the street along Gramercy Avenue including a fifteen (15) foot radius corner return at Valley Street for street widening purposes. 2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land sixty (60) feet in width from the centerline of the street along Brookhurst Street including a twenty five (25) foot radius corner return at Crescent Avenue for street widening purposes. 3. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land forty five (45) feet in width from the centerline of the street along Crescent Avenue for street widening purposes, 4. That the vehicular access rights to Brookhurst Street shall be dedicated to the City of Anaheim. S. That a parcel map shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. Three (3) parcels shall be created. One parcel shall contain the land required for the City of Anaheim Fire Station No. 2. The second parcel shall contain the land required by the Orange County Flood Control District for the Carbon Creek Channel, The third parcel shall contain the remaining land for use as subject apartment complex. -7- GRNTG VAR 4013 6. That prior to issuance of a building permit, a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim to guarantee the removal of existing street improvements along Gramercy Avenue, Brookhurst Street and Crescent Avenue, and reconstruction/construction of full street improvements at the ~-~' ultimate location prior to final building and zoning inspections. That the existing driveways on Brookhurst Street shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 8. That prior to issuance of a building permit, an agreement for covering the Carbon Creek Channel shall be approved by the Orange County Flood Control District and the City Engineer. Development shall occur in conformance with said agreement. 9. That street lighting facilities along Crescent Avenue, Valley · Street, Brookhurst Street and Gramercy Avenue shall be ~ installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 10. That subject property shall be served by underground utilities. 11. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (5) feet in width located along the northwest and east property lines of subject ~, property for public utility purposes. 12. That prior to issuance of a building permit, the appropriate fees due for primary mains and fire protection service shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 13. That the property owner/developer shall upgrade the existing six (6) inch water line in Gramercy Avenue and relocate the line to tie into Brookhurst Street as required by the Water Engineering Division. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. GRNTG VAR 4013 1S. That fire sprinklers shall be installed as required by the Fire Department. 16. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. An all-weather road shall be provided to the hydrant at all times, as required by the Fire Department. 17. That on-site driveways shall be constructed to accommodate a twenty (20) ton fire truck, as required by the Fire Department. 18. That an adequate, unobstructed fire truck turn-around area shall be provided and shall be specifically shown on plans submitted for building permits, as required by the Fire Department. Said turn-around area shall be permanently marked and maintained to the satisfaction of the Fire Department. 19. That a fire alarm system shall be installed to the satisfaction of the Fire Department. 20. That the proposed 4-story buildings shall be equipped with Class I standpipes as required by the Fire Department. 21. That a fee shall be paid to the City of Anaheim for tree planting along Gramercy Avenue, Valley Street, Crescent Avenue and Brookhurst Street in an amount as established by City Council resolution. 22. 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 established by City Council resolution. 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 established by City Council resolution. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. 25. That plans shall be in conformance with Engineering Standard Plan Nos. 402B, 456F, 601D and 604A pertaining to parking standards. 26. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Furthermore, the maximum width of the driveway on Crescent Avenue shall be thirty (30) feet. -9- GRNTG VAR 4013 27. That drainage of subject property shall be provided in a manner satisfactory to the City Engineer and the Orange County Flood Control District. 28. That all lockable pedestrian and/or vehicular access gates shall be equipped with a "knox box" device as required by the Fire and/or Police Departments. 29. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. 30. That any plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that such information shall be specifically shown on the plans submitted for building permits. 31. That prior to issuance of a building permit, satisfactory evidence shall be presented to the Building Division showing that the proposal 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. That a six (6) foot high masonry block wall shall be constructed and maintained adjacent to the two (2) abutting parcels excepting the front setbacks where the wall height shall not exceed three (5) feet; provided, however, that the City Traffic Engineer shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian/vehicular circulation intersect. Such information shall be specifically shown on the plans submitted for building permits. 55. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 54. That prior to issuance of a building permit, the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 6S915 to provide that ten percent (10%) of the permitted number of residential units shall be rented as very low income housing as defined in California Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (50) years from the date of issuance of occupancy permits. That prior to issuance of a building permit, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more -10- GRNTG VAR 4013 than two (2) persons (other than children under the age of two [Z] years) per bedroom. Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be furnished to the Zoning Division. 36. That no driveway, or public or private street grade shall exceed ten percent (10%) except by prior approval of the Fire Department and the Engineering Division. 57. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 89-90-34, now pending. 58. That the owner of subject property shall submit a letter requesting termination of Variance No. 5894 to the Zoning Division. 59. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 40. That the renter of each residential dwelling unit shall be provided with written information concerning Anaheim Municipal Code Section 14.52.500 pertaining to "Parking Restricted to Facilitate Street Sweeping". Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 41. That the driveway on Gramercy Avenue shall be equipped with a "Do Not Enter Residents Only" sign and the westerly driveway on Crescent Avenue shall be equipped with a "Do Not Enter One Way" sign and tire busters, as required by the City Traffic Engineer. 42. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibits Nos. 1, 2 and 9, and Exhibits Nos. 6, 7, 8, 10 and 11. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 through 6, 8, 9, 11, 12, 14, 18, 21 through 25, 29, 30, 31, and 34 through 58, 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. -11- GRNTG VAR 4013 44. That prior to final building and zoning inspections, Condition Nos. 7, 9, 10, 13, 15, 17, 19, 20, 26, 27, 28, 32, 39, 41 and 42, above-mentioned, shall be complied with. 4S. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13 day of February, 1990. ATTEST: C~Y CLERK OF THE CITY OF ANAHEIM JLW:db 3522L 022090 -12- GRNTG VAR 4013 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R~59 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-59 on the 26th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1990. CITY CLERK OF THE 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. 90R-59, duly passed and adopted by the Anaheim City Council on February 13, 1990. CITY CLERK OF THE CITY OF ANAHEIM