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1968-353Parcel 1. RESOLUTION NO. 68R -353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1979. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from EVERETT H. MILLER, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the west half of the southwest quarter of the southwest quarter of Section 17, Township 4 South, Range 10 West in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, described as follows: Beginning at the center line intersection of Ball Road and Brookhurst Street, said point of beginning being the southwest corner of Section 17, Township 4 South, Range 10 West, S.B.B. thence South 89° 57' 09" East along the center line of Ball Road and the southerly line of Section 17, 200.01 feet; thence North 00° 40' 06" East parallel with the westerly line of said Section 17, 310.00 feet; thence South 89° 57' 09" East parallel to the center line of Ball Road 35.00 feet; thence North 00° 40' 06" East parallel with the westerly line of said Section 17, 368.62 feet; thence South 89° 57' 09" East parallel to the center line of Ball Road 45.00 feet to the true point of begin- ning of this description, said point being 280.00 feet measured at right angles from the center line of Brookhurst Street, said center line being the westerly line of Section 17; thence North 00° 40' 06" East parallel with the westerly line of said Section 17, 642.83 feet to the westerly prolongation of the south line of Tract No. 2713 as shown on a map recorded in Book 111, page 42 of Miscellaneous Maps, records of Orange County, California; thence North 89° 58' 11" East along the westerly prolongation and the south line of said Tract No. 2713, 387.44 feet to a point on the westerly line of Tract No. 2537 as shown on a map recorded in Book 75, pages 38 and 39 of Miscellaneous Maps, records of Orange County, California; thence South 00° 35' 08" West along the westerly line of said Tract No. 2537 642.85 feet; thence North 89° 57' 09" West parallel to the center line of Ball Road 388.44 feet to the true point of beginning. Parcel 2. That portion of the west half of the southwest quarter of the southwest quarter of Section 17, Township 4 South, Range 10 West in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, described as follows: Beginning at the center line intersection of Bali Road and Brookhurst Street, said point of beginning being the southwest corner of Section 17, Township 4 South, Range 10 West, SBB thence South 89° 57' 09 East along the center line of Ball Road and the southerly line of Section 17, 200.01 feet; thence North 00° 40' 06" East parallel with the westerly line of said -1- Section 17, 53.00 feet to the true point of beginning of this description; thence continuing along said parallel line North 00° 40' 06" East 257.00 feet; thence South 89° 57' 09" East parallel to the center line of Ball Road 35.00 feet; thence North 00° 40' 06" East parallel with the westerly line of Section 17, 368.62 feet; thence South 89° 57' 09" East parallel to the center line of Ball Road 433.44 feet to the westerly line of Tract No. 2537 as shown on a map recorded in kook 75, pages 38 and 39 of Miscellaneous Maps, records of Orange County, California; thence South 00° 35' 08" West along the westerly line of said Tract No. 2537 and Tract No. 3343 as shown on a map recorded in Book 102, pages 47 and 48 of Miscellaneous Maps, records of Orange County, California, 625.62 feet to a point which is 53.00 feet northerly, measured at right angles, from the center line of Ball Road; thence North 39° 57' 09" West parallel with the center line of Ball Road 469.35 feet to the true point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on May 20, 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 -142, recommending that Variance No. 1979 be granted, 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 25th day of June, 1968, 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 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. -2- 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 224 -unit apartment complex, on the property hereinbefore described, with waivers of the following Anaheim Municipal Code require- ments or limitations, subject to the conditions hereinafter set forth: (a) !Minimum floor area per dwelling unit (Section 18.28.050(3 -a)); (b) Permitted buildings, structures and uses (Section 18.32.020(1)); (c) Maximum height of fences in front yard setbacks (Section 18.04.090(2 -g)); (d) Yards and buildings setback requirements (Section 18.28.050(6- b -2)). That this variance is granted subject to the following conditions: 1. That this variance is granted subject to the com- pletion of Reclassification Proceedings No. 67 -68 -86 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 Super intendent of Streets, prior to final building and zoning inspections. 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 iand zoning inspections. 4. 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 and 3; PROVIDED, HOWEVER, that a 3 -foot strip of landscaping shall be planted at the terminus of Minerva Avenue. 5. That the owner of subject property shall enter into an agreement with the City of Anaheim to per- petually maintain the landscaped medians; the agreement to be a covenant to run with the land. 6. That the proponent shall accept the perpetual maintenance of the planters in the streets by a method satisfactory to the City of Anaheim. 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 25th day of June, 1968. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SEAL) ss. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: CI Y CLERK OF THE CITY OF ANAiEIM None None I, DENE DO HERgib AL OF AD Ti BY 68R-353 Dutton, Krein, Schutte, Clark and Pebley i= T Y ANAE.4EL'ii, i J.16-725-68 CITY CLERK 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 25th day of June, 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 on the 25th day of June, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of June, 1968. c,.._L„ CI Y CLERK OF THE CITY OF ANAHEIM