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1968-390Parcel 1 Parcel 2 RESOLUTION NO. 68R -390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1985. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Charles M. Hillman, et al., owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The West 131.15 feet of the East 262.50 feet of the Northeast quarter of the Northeast quarter of the North- east quarter of section 24, 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 office of the County Recorder of said county. EXCEPT the South 328.00 feet thereof. ALSO EXCEPT any portion of said land which is included within the pumping plant located on said Northeast quarter of the Northeast quarter of the Northeast quarter. Said land is included within the area shown on a map filed for record in book 26 page 4 of Record of Surveys, in the office of said county recorder. The NE 1/4 of the NE 1/4 of the NE 1/4 of Section 24, T 4S, R 11W, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, Page 11 of Miscel- laneous Maps. EXCEPT the West 132.00 feet thereof. Also except the South 328.00 feet thereof. Also except the East 262.30 feet thereof. Said land is included within the area shown on map filed in Book 26, Page 4 of record of surveys in the office of the County Recorder of said county. Parcel 3 The North 164.00 feet of the South 328.00 feet of the NE 1/4 of the NE 1/4 of the NE 1/4 of Section 24, T 4S, R 11W, in the Rancho Los Coyotes, as per map recorded in Book 51, Page 11, of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT the West 132.00 feet thereof. -1- Parcel 4 Also except an undivided one -half interest in the pumping plant located on the NE 1/4 of the NE 1/4 of the NE 1/4 of Section 24 as reserved in the Deed from Lewis A. Riehl recorded September 26, 1923, in Book 489, Page 143 of Deed. The North half of the South 164.00 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 24, 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 Miscel- laneous Maps, in the office of the County Recorder of said county. EXCEPT the West 132.00 feet thereof. ALSO EXCEPT any portion of said land which is included within the pumping plant located on said Northeast quarter of the Northeast quarter of the Northeast quarter. Said land is included within the area shown on a map filed for record in book 26 page 4 of Record of Surveys, in the office of said County Recorder. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on June 3, 1968, 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. PC68 -153, recommending that Variance No. 1985 be granted subject to the 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 9th day of July, 1968, at 7:00 o'clock P.M. in the City Hall in the City of Anaheim and notice of such 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 commercial shopping center on the property hereinbefore described, with a waiver of the maximum height of any building or structure within 150 feet of any single family residential zone boundary (Section 18.40.070(3) of the Anaheim Municipal Code), subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Proceedings No. 67 -68 -88 now pending. 2. 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. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 4. That all air- conditioning facilities or refrigeration equipment shall be properly shielded from view and the sound buffered from the adjacent residential homes to the south. 5. That all exterior lighting shall be directed downward and away from the abutting parcels. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2; PROVIDED, HOWEVER, that tree wells shall be provided at 20 -foot intervals and screened landscaping installed along the west and south property lines. 7. That conditions Nos. 2, 3, 4 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their 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 9th day of July, 1968. ATTEST: I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHE!':", DO HEREBY CERTIFY THAT THE Fv��EG�11NG IS THE .>atiu�iv Y CLERK OF THE CITY OF ANAHEIM AL OF RESOLUTION No. 68R-390 DULY PAS EO a AD'L ED BY THE ANAHEIM CITY OUNLIL ON 7- 9 —.68. 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 was passed and adopted at a regular meeting of the City Council held on the 9th day of July, 1968, by the following vote of the members thereof: AYES: COUNCILMEN Dutton, Clark, Krein and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of July, 1968. IN WITNESS WHEREOF, I Have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of July, 1968. ATTEST: CIT CLERK OF THE CITY OF ANAHEIM MAYOR OF THE ITY 0 ANAH MAYOR OF THE CITY OF ANAHEI CITY CLEMr