70R-205
RESOLUTION NO. 70R-205
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIN GRANTING VARIANCE NO. 2159 IN PART.
WHEREAS, th~ City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
I~COME P~PERTY- SPEcrA.T.T~'T'~ 'A COR'POR'A'T'TON, OWNER
o certa1n real propetty s1tuated in the City of Anaheim, County
of Orange, State of C~lifornia, described as follows:
Parcell: Lots 4 to 9 inclusive, of the Schaffer-Oswald
Subdivision, in the City of Anaheim, as shown on the map
thereof recorded in book 7, at page 41 of Miscellaneous
Maps, records of said Orange County.
Also those porti~ns of the vacated street and alley adjoining
said Lots 4 to 9 inclusive, abandoned by resolution of the
City of Anaheim ~n January 14, 1926, a certified copy thereof
being recorded March 23, 1940 in book 1029, at page 598, of
Official Records, in the office of the County Recorder of
said Orange County.
Parcel 2: That portion of the Schaffer-Oswald Subdivision,
in the City of ~aheim, as per map thereof recorded in
Book 7, at page 41 of Miscellaneous Maps, records of said
Orange County, and of the South one-half of the Southwest
quarter of the Southeast quarter of Section 3, in Township
4 South, Range 10 West, San Bernardino Base and Meridian,
described as follows:
Beginning at the intersection of the center lines of Olive
Street and La Palma Avenue as shown... on the map of said
Schaffer-Oswald Subdivision; thence North along. the center
line of said Olive Street, 345 feet; thence East~aron9'the
South line of Lots 63, 62, and 61 of said Schaffer-Oswald
Subdivision, 130 feet; thence South parallel with the said
center line of Olive Street, 345 feet to the center line of
said La Palma Avenue; thence West along said center line,
130 feet to the point of beginning.
AND WHEREAS, the City Planning Conunission did hold a
public hearing at the City Hall in the city of An&1eim upon said
petition on Mi'lr~h q ]Q70 , notice of which said public
hearing was duly given as required by law and the provisions of
Title 18, Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, said City Planning Commission, after due
inspection, investigation and studies made by itself and in its
behalf, and after due consideration of all evidence and reports
offered at said hearing, did adopt Resolution No. PC7Q-37
approvin9 in part Variance No. 2159 and approV1ng
Waiver "A" only and
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WHEREAS, tpereafter, within twenty-two (22) days from
the date of the adoption of said resolution, the City Council
did elect, upon its own motion, to review the action taken by
t~e City Plann~ng Co~ission in granting said variance and
d1d set a pub11c hea~1ng thereon to be held on the 21st day
of 1\pril , 19 70, at 1: 30 0' clock P.M. in the City
Hall in the City of Anaheim and notice of such public hearing
was duly given as required by law and the Provisions of Title 18,
Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, after due investigation and studies made by
itself and in its behalf, and after due consideration of all the
evidence and reports offered at said hearing, the City Council
does find and determine that:
1. There are exceptional or extraordinary circum-
stances or conditions applicable to the property
involved or to the intended use of the property
that do not apply generally to the property or
class of u$e in the same vicinity and zone.
2. That such a variance is necessary for the preser-
vation and enjoyment of a substantial property
right poss~ssed by other property in the same
vicinity and zone and denied to the property in
question.
3. That the g~anting of such variance will not be
materially detrimental to the public welfare or
injurious to the property or improvements in such
vicinity and zone in which the property is located.
4. That the g~anting of such variance will not adversely
affect the comprehensive general zoning plan.
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 the establishment of a
two-story, 6l-unit apartment complex on the property hereinbefore
described with a waiver of the following Anaheim Municipal Code
requirement or limitation:
Minimum distance between buildings (Section
l8.28.050(7-a).
Subject to the following conditions:
1. That the owner of subject property shall deed to the
City of Anaheim a strip of land 10 feet in width from the center-
line of the alley, for alley widening purposes.
2. That all engineering requirements of the City of Anaheim
along Olive Street and the alley to the west of subject property,
including preparation of improvement plans and installation of
all improvements such as curbs and gutters~ sidewalks, street
grading and paving, including paving of the entire width of the
alley as stipulated to by the petitioner; drainage facilities or
other appurtenant work shall be complied with as required by the
City Engineer and in accordance with standard plans and specifi-
cations on file in the office of the City Engineer; that street
lighting facilities along Olive Street and La Palma Avenue shall
be installed as required by the Director of Public Utilities and
in accordance with standard plans and specifications on file in
the office of the Director of Public Utilities; that a bond in an
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amount and form satisfactory to the City of Anaheim shall be
posted Wiel the Ci~ to guarantee the installation of the
above-mentioned requirements.
3. That the owner of subject property shall pay to the
City of Anaheim the sum of 159 per front foot along Olive
Street and La Palma Avenue, for tree planting purposes.
4. Tree well locations shall be subject to the approval of
the Parkway Maintenance Superintendent.
5. That the sidewalks shall be installed along La Palma
Avenue as required by the City Engineer and in accordance with
standard plans and specifications on file in the office of the
City Engineer.
6. That trash storage areas shall be provided in accord-
ance with approved ~lans on file with the office of the Director
of Public Works.
7. That fire hydrants shall be installed 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 all air-conditioning facilities shall be properly
shielded from view.
10. That any parking area lighting proposed shall be
down-lighting a ma~mum height of 6 feet, which lighting shall
be directed away from the property lines to protect the resi-
dential integrity of the area.
ll. That Condition Nos. 4, 5, 6, 7, 8, 9, and 10, above
mentioned, shall be complied with prior to final building and
zoning inspections.
12. That Condition Nos. 1, 2, and 3, above mentioned, shall
be complied with prior to the commencement of the activity
authorized under this resolution, or prior to the time that the
building permit is issued, or within a period of 180 days from
date hereof, whichever occurs first, or such further time as the
Planning Commission or City Council may grant.
13. That the owner of subject property shall pay to the
City of Anaheim the sum of $75.00 per multiple-family unit, to
be used for park and recreation purposes, said amount to be paid
at the time the building permit is issued.
14. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim, marked Exhibit No. I.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner,
his successors or assigns, to comply with the Anaheim Municipal
Code and regulations and the conditions herein. Said variance
is granted for the term prescribed by the Anaheim Municipal
Code unless otherwise specified herein.
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THE FOREGOING RESOLUTION is approved and signed by me
this 21st day of April, 1970.
ATTEST:
q~ ~ J}1&~
~OFTHE CITY OF ANAI-f IM
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CI Y CLERK OF T~Y OF ANAHEI~
STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CITY OF ANAHEIM
I. DENE M. WILLIAMS. City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the
21st day of April, 1970, by the following vote of the members
thereof:
AYES:
COUNCIIk1EN: Clark, Stephenson, Pebley, Thorn
and Dutton
COUNCILMEN: None
i\iOES :
ABSENT:
COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 21st day of
April, 1970.
IN WITNESS WHEREOF. I have hereunto set my hand and
affixed the seal of the City of Anaheim this 21st day of April,
1970 .
~
' /Jr, 1~4"~
CI CLERK OF THE CITY OF ANAHEIM
(SEAL)
FAL:kw: 5/27/70
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-205 duly passed and adopted by the Anaheim City Council on
April 21, 1970.
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City Clerk
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