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91-053 RESOLUTION NO. 91R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4091 AND RESCINDING RESOLUTION NO. 90R-419 (REHEARING). WHEREAS, after a request for variance 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. 4091 was denied covering the following described property: THE EAST ONE-HALF OF THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION THIRTEEN, TOWNSHIP FOUR SOUTH, RANGE ELEVEN WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER WEST 110.00 FEET FROM THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID SOUTH HALF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID EAST 5 ACRES TO THE SOUTH LINE OF TRACT 2228, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 34 THROUGH 37 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 217.00 FEET ALONG THE SOUTH LINE OF SAID TRACT 2228; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE EAST 5 FEET ACRES TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE EAST 217.00 FEET TO THE POINT OF BEGINNING; 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 adopted its Resolution No. 90R-419 denying Variance No. 4091; and WHEREAS, thereafter, within the time prescribed by law, the owner of the property filed an application for a rehearing which application was denied by the city Council; and WHEREAS, thereafter, the City Council voted to reconsider said application for rehearing and, upon reconsideration, granted a rehearing in said matter; and WHEREAS, said rehearing was conducted at a duly noticed public hearing and, as a result thereof, the City Council does hereby make the following findings: Variance4091 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 speoial 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 to permit retaining a 13th dwelling unit within an existing 12-unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.06.050.0121 - Minimum number of parking spaces. 18.06.080 (32 spaces required; 13 spaces and 18.34.066.050 existing) SECTION 18.34.062.032 - Minimum floor area. (550 feet required for bachelor unit; 530 feet existing) SECTION 18.34.065.011 - Minimum distance between building walls. (10 feet required; 5 feet existing That said variance be granted subject to the following conditions: 1. That the appropriate traffic signal assessment fee shall be paid to the City of Anaheim for the 530 sq.ft. bachelor apartment unit, in an amount as established by City Council resolution. 2. That sidewalks, curbs and gutters shall be repaired along Ball ~,~ Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (5) feet in width along the north property line for public utility purposes. Variance4091 4. That trash storage areas shall be refurbished to the satisfaction of the Street Maintenance and Sanitation Division to comply with approved plans on file with said division. 5. That a plan for on-site refuse truck circulation shall be submitted to the Street Maintenance and Sanitation Division for their review and approval. Said circulation route shall thereupon be maintained in a clear condition as required by said Division. 6. That a fee for street tree purposes shall be paid to the City of Anaheim based on the length of street frontage along Ball Road in an amount as established by City Council resolution. 7. That the appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim for the 530 sq.ft. bachelor apartment unit in an amount as established by City Council resolution. 8. That the 530 sq.ft. bachelor apartment unit authorized by this resolution shall be served by underground utilities, as required by the Electrical Engineering Division. 9. That plans for the 530 sq.ft. bachelor apartment unit shall be submitted to the Building Division showing compliance with the minimum standards of the city of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 10. That a six (6) foot high masonry block wall shall be constructed and maintained along the north and east property lines excepting the front setback where the wall height shall not exceed three (3) feet; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-site where pedestrian and/or vehicular circulation intersect. 11. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 12. That the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that the 530 sq.ft. bachelor apartment unit shall be rented as low income housing as defined in Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of this resolution. A copy of the recorded covenant shall be submitted to the Zoning Division. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3. Variance4091 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 5, 6, 7, 9 and 12, 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. 15. That prior to final building and zoning inspections, Condition Nos. 2, 4, 8, 10, 11 and 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that Resolution No. 90R-419 be, and the same is hereby, rescinded. 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 26th day of February, 1991. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh ORDRES\R42V4091.179 Variance 4091 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby .certify that the foregoing Resolution No. 91R-53 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of February, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed[ said Resolution No. 91R-53 on the 27th day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of February, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the o~iginal of Resolution No. 91R-53, duly passed and adopted by the City Council of the City of Anaheim on February 26, 1991. CITY CLERK OF THE CITY OF ANAHEIM