69R-126RESOLUTION NO. 69R -126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 2044
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from A.
Hemmerling and Ben J. Rizzotts, owners of certain real property
situated in the City of Anaheim, County. of Orange, State of
California, described as follows:
Parcel 1: The Southerly 4 acres of Lot 2 and that
portion of Lot 1 in Block 23, of the "Golden State
Tract as shown on a map, recorded in book 4, pages
66 and 67, Miscellaneous Maps, records of Orange County,
California, lying Southerly of the Southerly line of the
land described in Final Order of Condemnation by the
State of California, recorded May 12, 1964 in book
7042, page 165 of Official Records.
Parcel 2: The Northerly one quarter acre of the
Southerly 4 -1/4 acres of Lot 2 in Block 23 of the
"Golden State Tract as shown on a map recorded in
book 4, pages 66 and 67, Miscellaneous Maps, records
of. Orange County, California.
Parcel 3: That portion of Lot 2, Block 23 of the "Golden
State Tract," as shown on a Map recorded in book 4, pages
66 and 67 of Miscellaneous Maps, records of said County,
described as follows:
Beginning at the Northeasterly corner of said Lot
2; thence Westerly along the Northerly line of
said Lot 2 a distance of 401.10 feet; thence Souther-
ly parallel with the Easterly line of said Lot 2 a
distance of 1244.68 feet; thence Easterly parallel
with the Northerly line of said Lot 2 a distance of
401.10 feet to a point in the Easterly line of said
Lot 2; thence Northerly along said Easterly line
1244.04 feet to the point of beginning.
Except therefrom that portion thereof lying Northerly
of the following described line:
Beginning at the Southwest corner of the land conveyed
to the State of California, recorded in book 2790, page
430 of Official Records; thence along the Southerly
prolongation of the Westerly line of said land, South
7° 19' 33" East 32.50 feet to the true point of beginning;
thence North 85 02' 44" East 401.43 feet to the Easterly
line of said Lot 2.
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. PC 69 -10,
recommending that Variance No. 2044 be granted for Phase I only,
subject to certain conditions therein set forth; and
WHEREAS, thereafter, within twenty -two (22) days from
the date of the adoption of said resolution, a written appeal was
filed with the City Council of the City of Anaheim protesting the
action of the City Planning Commission granting said variance,
for Phase I only, and said appeal was set for public hearing
on March 11, 1969 at 1 :30 o'clock P.M. at 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 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
694 -unit apartment complex (Phases I, II and III), on the property
hereinbefore described, with waivers of the following Anaheim
Municipal Code requirements or limitations, subject to the
conditions hereinafter set forth:
(a) Maximum height of any building located within 150
feet of any R -A or any single family residential
zone (Section 18.28.050 (5-b));
(b Minimum depth of the landscaped building setback
area from a secondary street (Section 18.28.050
(6 -a -1))
(c Minimum depth of the landscaped building setback
area from a local street (Section 18.28.050
(6- a -4));
(d) Minimum depth of side yard (Section 18.2
(6- b -3));
(e Minimum distances between buildings (18.28.050
(7 -a))
(f) Minimum width of pedestrian accessways (Section
18.28.050 (7 -d));
(g) Maximum distance of living units from a standard
street (18.28.050 (9 -b));
That said variance is granted subject to the following conditions:
1. That this variance is granted subject to the completion
of Reclassification Proceedings No. 68 -69 -13 now pending.
2. That fire hydrants shall be installed as required and
determined to be necessary by the Chief of the Fire
Department
3. That all streets within the development shall be
constructed in accordance with standard plans and
specifications on file in the Office of the City
Engineer, EXCEPT THAT the sidewalks may be located
adjacent to the curbs, provided the sidewalks are
offset to the rear of fire hydrants placed within
the sidewalk area, and to the rear of any utility
poles on Frontera Street.
4. That a bond in an amount and form satisfactory to
the City of Anaheim sha].1 be posted with the City
to guarantee the installation of a 6 -foot masonry
wall along all property lines where required by
the Anaheim Municipal Code.
5. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from
adjacent residential homes.
6. That Conditions Nos. 2, 3, 4 and 5, above- mentioned,
shall be complied with prior to final building and
zoning inspections.
7. That subject property shall be developed substantially
in accordance with plans and specifications submitted
to the City Council, or as amended with the approval
of the City Council.
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.
THE,TOREGQING RESOLUTION is approved and signed by
me this llth day Of karch, 1969.
ATTEST:
CLE •F THE CITY OF AN
IM
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 -127 was in-
troduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the llth 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 -127 on the llth day of March,
1969.
IN WITNESS WHEROF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this llth day of March, 1969.
(SEAL)
I, DENE
hereby certify that
69R -127 duly passed
11, 1969.
CITY CLERK OF THE CITY OF ANAHEIM
M. WILLIAMS, City Clerk of the City of Anaheim, do
the foregoing is the original of Resolution No.
and adopted by the Anaheim City Council on March
City Clerk