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70R-205 RESOLUTION NO. 70R-205 ............ 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 -1- -. 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 -2- 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. -3- -- 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 ~ft_~ .~ 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. ~Jx ?J::' ~~~ City Clerk -4- ~"""'_.'''...'.''''''''_.:'''' . ---