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1985-224RESOLUTION NO. 85R-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3480. WHEREAS, after a request for variance by ELDON HAUCK and MARGARET A. HAUCK, owners, and GARY MASCIEL, 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. 3480 was granted covering the following described property: VINEYARD LOT-D-5, LOT 16, BLK F PARCEL #034-282-08, VOL. 033, P. 001, CK l; 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. 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 four (4)-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.062.020 - Maximum site coverage. (55~ permitted; 57~ proposed) SECTION 18.34.063.012 - Minimum structural setback. (15 ft. required adjacent to Chartres Street; 3 feet 4 inches to 10 feet proposed) SECTION 18.34.063.022 - Minimum side yard setback. °~ (5 to 16 feet required adjacent to the north property line; 0 to 10 feet proposed) SECTION 18.34.063.032 - Minimum recreational-leisure area. (200 square feet per dwelling unit required; 168 square feet proposed) -1- SECTION 18.34.066.062 - Vehicular backing onto a public street. (Vehicular backing onto a public street prohibited; vehicular backing onto Chartres Street proposed) That said variance be granted subject to the following conditions: 1. 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. 2. 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. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That subject property shall be served by underground utilities. 5. 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. 6. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 7. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. 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. 9. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential properties. 10. 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" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that automatic garage door openers shall be provided for all garage doors. -2- 12. 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, and 10, 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. 13. That prior to final building and zoning inspections, Condition Nos. 3, 4, 6, 7, 8, 9 and 11, 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 4th day of June, 1985. C~~~/~~. ~l ~~G ' MAYOR OF THE CITY OF ANAHEIM ATTEST: .-~, C~Z;t;~Ft~ OF ~`HE CITY OF ANAHEIM JLW:fm 3874M 070385 -3- 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-224 was introduced and adopted at a regular ~~ meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of June, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood, Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-224 on the 4th day of June, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of June, 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-224 duly passed and adopted by the Anaheim City Council on June 4, 1985. .~~~ ---~ CITY CLERK