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1985-348RESOLUTION NO. 85R-348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3487. WHEREAS, after a request for variance by SEVERIANO J. PEREZ AND RUTH ANN PEREZ and ARTHUR P. LANE AND BEVERLY R. LANE, owners, and MAGOY HANNA, 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. 3487 was granted covering the following described property: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 2.5 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID WEST 2.5 ACRES, 330 FEET OF THE NORTHEAST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION, 66 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID WEST 2.5 ACRES, 330 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE WEST ALONG SAID SOUTH LINE 66 FEET TO THE POINT OF BEGINNING. PARCEL 1: THE EASTERLY 80.00 FEET OF THE WESTERLY 250.00 FEET OF THE WEST 2.50 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE~O~'FICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE WEST 2.5 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDED IN BOOK 51 PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WESTERLY 250 FEET; 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 52-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.34.062.011 - AND 18.34.062.012 Maximum building height. (1 story permitted within 150 feet of a single-family residential zone and 2 stories permitted beyond 150 feet; 2 stories located 58 feet from single-family residential zoning to the north 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 Ball Road in an amount as determined by the City Council. 2. That gates shall not be installed across any driveway 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. 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. -2- 5. That all existing utility easements on subject property shall be reviewed by the City Utilities Division to determine if any easement shall be abandoned or relocated. It shall then be the responsibility of the owner/developer of subject property to process any abandonment or relocation as required by the City Utilities Division. 6. That the driveways shall be constructed 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 all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshal. 9. That subject property shall be served by underground utilities. 10. 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. 11. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. That a parcel map combining the three (3) existing lots shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 13. That prior to final street 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. 14. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 15. 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. 16. That fire sprinklers shall be installed as required by the City Fire Marshal. 17. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pertaining to standard details for parking structures and ramp requirements. -3- 18. That the basement level containing the covered parking structure shall be located more than 50~ below the natural grade level of the site as measured from the exterior walls of the building. .--~- 19. That this variance is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 84-85-32, now pending. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision 1 of Exhibit No. 1 and Exhibit No. 2; provided, however, (a) that the swimming pool and spa shall be relocated at least fifty (50) feet away from the north property line, (b) that a six (6) foot high block wall shall be constructed and maintained along the east and north property lines, and (c) that no windows or balconies shall face the westerly 150 feet of the north property line. 21. 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, 3, 4, 5, 12, 15, 17 and 19, 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. 22. That prior to final building and zoning inspections, Condition Nos. 2, 6, 7, 8, 9, 11, 14, 16, 18 and 20, 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 6th day of August, 1985. MA OR OF THE CIT OF ANAHEIM ATTEST,:, i" j ~" %~ ~_ ITY CLERK OF THE CITY OF ANAHEIM JLW : f m 4252M/092785 -4- 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. 85R-348 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of August, 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-348 on the 6th day of August, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 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-348 duly passe and adopted by the Anaheim City Council on August 6, 1985. ~~ CITY CLERK