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1985-020RESOLUTION NO. 85R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3443. WHEREAS, after a request for variance by ELMER WEBBER and VIVIAN WEBBER, owners, and GEORGE H. PABST, 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. 3443 was granted covering the following described property: THE EASTERLY 65 FEET OF THE WESTERLY 125 FEET OF LOT 5, WEIGHT, FREEMAN & MC CLOUGHAN SUBDIVISION, AS PER MAP RECORDED IN BOOK 1, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY. EXCEPT THEREFROM THE SOUTHERNLY 506 FEET. ALSO EXCEPT THE NORTH 5.25 FEET AS CONVEYED TO THE CITY OF ANAHEIM FOR ROAD PURPOSES BY DEED RECORDED MARCH 4, 1912 IN BOOK 210, PAGE 6 OF DEEDS; 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 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 is hereby, granted permitting a 7-unit apartment complex described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTION 18.34.062.012 - (B) SECTION 18.06.050.0123 - AND 18.34.066.010 Maximum structural height. (1-story permitted within 150 ft. of a single-family residential zone; 3 stories proposed) Permitted type of tenant parking spaces. (covered spaces required; open spaces proposed) That said variance be granted subject to the following conditions: 1. 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 within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along South Street in an amount as determined by the City Council. 3. 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. 4. 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. 5. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. -2- 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 11. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 12. That a 6-foot high masonry block wall shall be constructed and maintained along the east, south and west property lines. 13. That this Variance is granted subject to the completion of Reclassification No. 84-85, 14, now pending. 14. That prior to issuance of a building permit, corner cut-off requirements for the covered parking area shall be shown on plans approved by the City Traffic Engineer. 15. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 2 through 3. 16. 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. 2, 3, 4, 11, 13 and 14, 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. 17. That prior to final building and zoning inspections, Condition Nos. 1, 5, 6, 7, 9, 10, 12 and 15, above-mentioned, shall be complied with. 18. That each new tenant shall be notified of the nearby railroad tracks in Olive Street and the associated train noise and vibration. 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 -3- 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 8th day of January, 1985. OR OF THE CITY OF AN EIM ATTEST: i~~ CITY CLERK OF THE CITY OF ANAHEIM 2278U 1/22/85 -4- 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. 85R-20 was introduced and adopted at a regular ~ meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth 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. 85R-20 on the 8th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of January, 1985. 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. 85R-20 duly passed and adopted by the Anaheim City Council on January 8, 1984. ~ i~r ~--- .~- C T CLERK ~~,