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1968-014RESOLUTION NO. 68R -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1785 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from HARLEN O. WOLD, et al., owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Parcel 1. The East 100.00 feet of the South 654.00 feet of the southwest quarter of the southwest quarter of Section 8, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, City of Anaheim, County of Orange, State of California, as said southwest quarter is indi- cated on a map filed in Book 10 page 1 of Record of Surveys, in the office of the County Recorder of said County. EXCEPT the South 40.00 feet thereof. Parcel 2. The West 27.00 feet of that portion of the southeast quarter of the southwest quarter of Section 8, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, City of Anaheim, County of Orange, State of California, shown as "Not a Part of this Subdivision" on the map of Tract No. 1642 recorded in Book 49 page 4 of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT the southerly 138.00 feet thereof. ALSO EXCEPT the easterly 8.00 feet of the northerly 19.00 feet thereof. ALSO EXCEPT the easterly 17.00 feet of the southerly 41.00 feet of the northerly 60.00 feet thereof. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on April 25, 1966 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. 2017,Series 1965 66, recommending that Variance No 1785 be granted, subject to certain conditions therein set forth and -1- 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 31st day of May, 1966, at 1:30 o'clock P.M. in the City Hall in the City of Anaheim and notice of such public hearing was duly given as re- quired 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 did find that inasmuch as C -1 zoning was granted on the south 214 feet only of subject property, said variance should be re- advertised for single -story development of the northerly portion of subject property with all applicable waivers for such single story development; and WHEREAS, said variance was readvertised and was set for public hearing on December 19, 1967 in the Council Chambers in the City Hall, City of Anaheim; and WHEREAS, the City Council did on said date hold and and conduct such public hearing and did receive evidence and reports from persons interested therein, and did receive a report from the City Planning Commission setting forth certain recom- mended amendments and additions to the conditions previously recommended by said Planning Commission in the granting of said variance; and WHEREAS, after due consideration of all evidence, reports and recommendations offered at said hearing, the City Council does find 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 restaurant, with on -sale beer and wine in conjunction with meals, on the property hereinbefore described, with waivers of the maximum structural height limitation (Section 18.16.050 (4 -b) -2- of the Anaheim Municipal Code) and the 6 -foot block wall require- ment along the west property line (Section 18.04.030 (2 -a) of the Anaheim Municipal Code), subject to the following conditions: 1. That sidewalks shall be installed along Lincoln Avenue, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building inspection. 2. That trash storage areas shall be provided in ac- cordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. 4. That all air conditioning facilities shall be properly shielded from view from abutting streets. 5. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit No. 1, Revision No. 2. 6. That the R -A Zone portion of subject property shall be developed in accordance with the C -1 Zone Site Development Standards, with appropriate landscaping and screen planting. 7. That all parking area lighting and /or any other external lighting shall be directed downward and away from the abutting residential parcels to the east. 8. That the business closing hour shall be no later than 11:00 P.M. 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 9th day of January, 1968. ATTEST: CIT CLERK OF THE CITY OF ANAHEIM MAYOR OF TH CITY OF ANAH -3- 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. 68R -14 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of January, 1968, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -14 on the 9th day of Janu- ary, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of January, 1968. (SEAL) AYES: COUNCILMEN: Schutte, Chandler and Pebley NOES: COUNCILMEN: Krein ABSENT: COUNCILMEN: Dutton I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -14 duly passed and adopted by the Anaheim City Council on January 9, 1968. CITY CLERK OF THE CITY OF ANAHEIM City Clerk