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1985-030RESOLUTION NO. 85R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3419. WHEREAS, after a request for variance by VERNON W. EDMONDS, owner, and HUGO A. VASQUEZ, 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. 3419 was granted, in part, covering the following described property: THE NORTHERLY 150 FEET OF THE WESTERLY 170 FEET OF THE WEST 2 1/2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S. B. B. & M.; 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 property, including size, shape, topography, location or surroundings, which do not apply to other property under zoning classification in the vicinity. to the identical 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. 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 15-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) SECTION 18.34.062.012 - Maximum structural hei ht. 1 story permitted within 150 feet of single-family residential zoning; 2 stories proposed at 9 and 75 feet) (b) SECTION 18.34.062.020 - Maximum site coverage. 55$ permitted; 56~ proposed) (c) Section 18.04.043.102 - Maximum fence hei ht. AND 1 .34.068. 21 6 feet permitted; 1 feet proposed) 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 Western 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 all engineering requirements of the City of Anaheim along Western Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work 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 a building permit, to guarantee the installation of the above-required improvements prior to occupancy. 5. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures and ramp requirements. 6. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That street lighting facilities along Western 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 the City of Anaheim prior to issuance of a 2351U -2- building permit. The above-required improvements shall be installed prior to occupancy. 9. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. 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. 11. That the basement level containing the covered parking structure shall be located more than 50~ below natural grade level as measured from the exterior walls of said parking structure. 12. That subject property shall be served by underground utilities. 13. 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. 14. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Fire Marshall and the City Police Chief. 15. That fire sprinklers shall be installed as required by the City Fire Marshall. 16. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 17. 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. 18. 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". 19. That a 6-foot high masonry block wall shall be constructed and maintained along the east and south property lines, and a 10-foot high masonry block wall 2351U -3- shall be constructed and maintained along the north property line. 20. That 15-gallon trees planted on 20-foot centers, with appropriate irrigation facilities, shall be installed and ,,~,,, maintained along the north, west and east property lines; and that Italian Cypress trees shall be planted on two (2)-foot centers along the driveway to screen subject project from adjacent residential property. 21. That this Variance is granted subject to the completion of Reclassification No. 77-78-16, now pending. 22. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2.of Exhibit Nos. 1 through 5. 23. That a covenant shall be recorded on the property, as approved by the City Attorney's Office, prohibiting the conversion of any recreation room to living space. 24. 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, 8, 17, 18, 21 and 23, 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. 25. That prior to final building and zcning inspections, Condition Nos. 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 19, 20 and 22, above-mentioned, shall be complied with. 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 15th day of January, 1985. I~~~ MAYOR OF THE CITY O ANAHEIM ATTEST: ~~ ~~~ CITY CLERK OF THE CITY OF ANAHEIM 2351U -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-30 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-30 on the 15th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of January, 1985. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LHONORA N. SOHL,-.City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-30 duly passed and adopted by the Anaheim City Council on January 15, 1985. CITY CLE '"",*,