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69R-334RESOLUTION NO. 69R -334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2089 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Security itle Insurance Com pany. owner, by Russell Mcgaleb, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lots 1 through 7, inclusive, of the Regier Sub- division, as shown on a map recorded in Book 6, page 37, Miscellaneous Maps, records of Orange County, California, and Lots 4, 5, 7, 9, 12, 13 and 14, in Block C of Davis Brothers Addition to Anaheim, as shown on a Map recorded in Book 2, pages 632 and 633 of Miscellaneous Records of Los Angeles County, California. EXCEPTING from said Lots 12, 13 and 14, the Westerly 10.00 feet now included within Harbor Boulevard, formerly Palm Street. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on notice of which said public hearing was dtily 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. ECL9 -109 recommending that Variance No. 2cRA hp granted, gnhjPr•t to h and n 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, and said appeal was set for public hearing on June 10 19 69 at 1:30 o'clock P.M. at the City Hall in the City of Anahhe m, 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 establishing a 10 -story office structure on the property hereinbefore described with a waiver of the minimum number of required parking spaces (Section 18.38.050[4 -a -1] of the Anaheim Municipal Code) subject to the following amended conditions: 1. That this variance is granted subject to the completion of Reclassification Proceedings No. 65- 66 -62. 2. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 4. That the sidewalks, curbs and gutters shall be removed and /or relocated along Broadway, Helena Street and Elm Street, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That any air conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residen- tial homes. 6. That any parking area lighting shall be lighted with down- lighting of a maximum 6 -feet in height and shall be directed away from the property lines to protect the residential integrity of the area. 7. That the petitioner shall provide employee parking, either on site or off street parking within 750 feet of subject property. -2- 8. That Conditions Nos. 2, 3, 4, 5, 6, 7, above mentioned shall be complied with prior to final building and zoning inspections. 9. 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, 3, 4, 5, and 6, PROVIDED, HOWEVER, that the proposed parking structure foundation shall be adequate to support to a 5 -story structure. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its 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 10th day of June, 1969. ATTEST: AYES: NOES: TEMPORARILY ABSENT: ABSENT: Anaheim of June, affixed 1969. (SEAL) F T E C TY OF AHE 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 10th day of June, 1969, by the following vote of the members thereof: COUNCILMEN: Dutton, Schutte, Pebley and Clark COUNCILMEN: None COUNCILMEN: Krein COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of approved and signed said resolution on the 10th day 1969. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Anaheim this 10th day of June, YOR OF THE C OF ANAHEIM I, DENE M. W!LLIAMS, CITY CLERK OF THE CITY IX, HcREBY CERTIFY THAT THE FOREGOING IS AL OF RESOLUT!ON NO.J34 DULY M D"W BY THE ANAMEW CM, COUNCIL ON OF AN TH.c A!,fi PAsSED AND 6 -10 -69 CITY CLE,iK C Y CLERK OF THE CITY OF ANAHEIM