69R-111RESOLUTION NO. 69R -111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 2047
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
Oliver S. Smith, owner
of certain real property situated in the City of Anaheim, County
of Orange, State of California, described as follows:
The South 100 feet of the North 460 feet
of the East 448 feet of the Northeast
quarter of the Northeast quarter of the
Northeast quarter of Section 13, in Town-
ship 4 South, Range 11 West, San Bernar-
dino Base and Meridian.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
petition on January 27, 1969 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. PC69 -14
recommending that Variance No. 2047 be granted in part, subject
to certain conditions therein set forth and
WHEREAS, thereafter, 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
the City Planning Commission in granting said variance and
did set a public hearing thereon to be held on the 4th day
of March 19 69 at 1:30 o'clock P.M. in the C ty
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 use in the same vicinity and zone.
2. That such a variance is necessary for the preser-
vation and enjoyment of a substantial property
right possessed by other property in the same
vicinity and zone and denied to the property in
question.
3. That the granting 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 granting 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,24 -unit apartment complex, on the property hereinbefore
described, with waivers of the following Anaheim Municipal Code
requirements or limitations, subject to the conditions hereinafter
set forth:
1. A waiver of the maximum height of any building
located within 150 feet of an R -A Zone (Section
18.28.050[5 -b]);
2. A waiver of the minimum distance between buildings
(Section 18.28.050 (7 -a]); and
3. A waiver of the maximum distance of living units
from a standard street (Section 18.28.050[9 -b]).
That said variance is granted subject to the following conditions:
1. That this variance is granted subject to the com-
pletion of Reclassification Proceedings No. 68-
69-63, now pending.
2. That sidewalks shall be installed along Magnolia
Avenue, 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 trash storage areas shall be provided in accordance
with approved plans on file in the Office of the
Director of Public Works and Superintendent of
Streets.
4. That fire hydrants shall be installed as required
and determined to be necessary by the Chief of
the Fire Department.
ATTEST:
5. That provisions shall be made for the drainage of
subject property in a manner satisfactory to the
City Engineer.
6. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from
adjacent residential homes.
7. That the lighting for the parking areas shall be
down lighting of a maximum height of six (6) feet,
which lighting shall be directed away from the property
lines to protect the residential integrity of the
area.
8. That a bond in an amount and form satisfactory to
the City of Anaheim shall be posted with the City
to guarantee the installation of a 6 -foot masonry
wall along the north property line.
9. That Conditions Nos. 2, 3, 4, 5, 6, 7, and 8, above
mentioned,shall be complied with prior to final
building and zoning inspections.
10. That subject property shall be developed substan-
tially in accordance with plans and specifications
on file with the City of Anaheim, marked Exhibits
Nos. 1, 2, 3, 4, 5 and 6; PROVIDED, HOWEVER, that
the two bedroom units shall be in conformance with
the R 3 Zone Code requirements, as stipulated by
the petitioner at the time the requested waiver
of the minimum floor area per dwelling unit was
withdrawn.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner
his heirs, 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.
THE FOREGOING RESOLUTION is approved and signed
by me this 4th day of March, 1969.
I Y CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA.)
COUNTY OF ORANGE SS.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 69R -111 was introduced
and adopted at a regular meeting proWided by law, of the City Council of
the City of Anaheim, held oa the 4th day of March, 1969, by the following
vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R -111 on the 4th day of March,
1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 4th day of March, 1969.
(SEAL)
CI CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No. 69R -111
duly passed and adopted by the Anaheim City Council on March 4, 1969.
City Clerk