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1985-149RESOLUTION NO- 85R-14g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3453 (REHEARING). WHEREAS, after a request for variance by ARTHUR STAHOVICH AND MARJORIE STAHOVICH, owners, 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. 3453 was granted covering the following described property: LOT 23 OF TRACT NO. 743, BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN (15), TOWNSHIP FOUR (4) SOUTH, RANGE ELEVEN (11) WEST, S.B.B. & M., ORANGE COUNTY, CALIFORNIA, RECORDED IN BOOK 22, PAGE 10, OFFICIAL MAPS OF ORANGE COUNTY, CALIFORNIA; 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 did find that said variance should be granted and adopted its Resolution No. 85R-91 granting Variance No. 3453, subject to conditions; and WHEREAS, thereafter, within the time prescribed by law, the applicant requested, and was granted, a rehearing by the City Council upon such request; and WHEREAS, at the time and place fixed for said rehearing, the City Council did hold and conduct such rehearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, upon such rehearing and further consideration, the City Council does find and determine: 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 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 an 8-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.32.062.012 Maximum structural height. (1-story within 150 ft. of single-family residential zoning permitted; 2 stories proposed at 45 ft.) That said variance be granted subject to the following conditions: 1. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 2. That all engineering requirements of the City of Anaheim along Savanna Street, 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 building permits, to guarantee the installation of the above-required improvements prior to occupancy. 3. That street lighting facilities along Savanna Street 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 building permits. The above-required improvements shall be installed prior to occupancy. 4. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 5. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates within a distance of forty (40) feet from said public street right-of-way shall be subject to the review and approval of the City Traffic Engineer. 6. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. -2- 7. 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. 8. That subject property shall be served by underground utilities. 9. 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. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of a storm drain from the westerly terminus of Savanna Street to the Flood Control Channel. 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 storm drain. Said security shall be posted with the City prior to issuance of building permits to guarantee installation of the storm drain prior to occupancy. A reimbursement agreement shall be made available to the developer by the City if requested. 11. That a 6-foot high masonry block wall shall be constructed and maintained along the northerly, easterly and westerly property lines. 12. 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. 13. That this Variance is granted subject to the completion of Reclassification No. 84-85-18, now pending. 14. Tht subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 15. That the owner(s) of subject property shall pay to the City of Anaheim, a fee for tree planting purposes along Savanna Street in an amount as determined by City Council. 16. That prior to issuance of a building permit, the property owner(s) shall pay the City of Anaheim for the re-stripping of Knott Street to establish a left-turn lane in said street in accordance with the requirements of the City Traffic Engineer. 17. 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, 9, 10, 12, 13 and 15, 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. -3- 18. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6, 8, 11 and 14, 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 express 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 16th day of April, 1985. I~` ! MAYOR OF THE CITY OF ANAHEIM ATTEST: _/ CITY CLERK. OF THE CITY OF ANAHEIM JLW : f m 3623M 051785 -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-149 was introduced and adopted at a regular ~ meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of April, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-149 on the 16th day of April, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of April, 1985. CIT C OF E CITY F 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-149 duly passed and adopted by the Anaheim City Council on April 16, 1985. CITY CLERK