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69R-278RESOLUTION NO, 69R -278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2066. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Decon Corporation, by its President Cedric E. Sanders, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lots 20 and 21 of the J. D. Taylor Tract, partly in the City of Anaheim, recorded in book 5, page 16 of Miscellaneous Maps, records of said Orange County, and that portion of the South half of Glen Avenue adjoining said Lot 20 on the North abandoned by Resolution of the Board of Supervisors of said Orange County, described as follows: Beginning at a point in the center line of said Glen Avenue, distant along said center line North 75° 28' 59" East 803.45 feet from the center line of Jefferson Street, said point being the Northwesterly corner of the land described as Parcel 1 in deed to the State of California, recorded May 26, 1961 in book 5735, page 359 of Official Records, thence along the Westerly line of said Parcel 1, the following courses and distances: South 45° 39' 42" East 89.34 feet, South 50° 35' 23" East 79.16 feet to the beginning of a non tangent curve con- cave Southwest having a radius of 800.00 feet; thence Southeasterly along said curve through a central angle of 8° 45' 27" an arc distance of 122.28 feet to the Southwesterly line of that certain parcel of land con- veyed to the State of California by deed recorded May 15, 1961 in book 5720, page 920 of Official Records; thence along a continuation of said curve Southeasterly and Southerly through an angle of 52° 40' 17" an arc distance of 735.43 feet to a point in said Southwesterly line; thence continuing Southwesterly along said curve through a central angle of 17 12' 52" an arc distance of 240.36 feet to a point in the Easterly boundary line of the land described in deed to Edith Williams Gilmore, recorded May 21, 1951 in book 2191, page 65 of Official Records, said Easterly boundary also being the Westerly boundary line of the land described in deed to. Frank A. Showalter and wife, recorded August 11, 1945 in book 1327, page 258 of Official Records;. thence Northerly along said Westerly line to an angle point therein; thence continuing along said Westerly line, the following courses and distances: North 13° 18' 00" West 160.00 feet; North 50° 18' 00" West 131.00 feet to a point in the North line of said Lot 21, South 72° 31' 00" West 93.00 feet to the Southwesterly corner of said Lot 20, North 18 00' 00" West along the West line of said Lot 20 and along the Northerly prolongation thereof to a point in said center line of Glen Avenue; thence North- easterly along said center line of Glen Avenue to the point of beginning. Excepting therefrom that portion lying Easterly of the Westerly line of the land conveyed to the State of California by deed recorded August 22, 1968 in book 8698, page 564 of Official Records. 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 21, 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. PC69 -82, recommending that Variance No. 2066 be approved subject to the 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 20th day of May, 1969, 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. 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 grantedto permit the establishment of a one and two story 122 -unit apartment complex on the property hereinbefore described with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1, Minimum distance between buildings and minimum dis- tance between parallel walls of the same building, (Section 18.28.050[7 -a]); 2. Living units located within 200 feet of a standard street, (Section 18.28.050[9 -b]); 3. Number of required covered parking spaces, (Section 18.28.050[10 -a]); 4. Permitted number of main structures on a site, (Section 18.28.020[1]); 5. Parking space location, (Section 18.28.050[10 -b]); 6. Structural setback from l8.28.050[6- a -4]); and 7. Building site area per 18.28.050[2]). a local street, (Section dwelling unit, (Section that said variance is granted subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim an easement for road and public utility purposes over the easterly 54 feet of subject property for the extension of Santa Ana Canyon Road. 2. (a) That all engineering requirements of the City of Anaheim, along Santa Ana Canyon Road such as curbs and gutters, sidewalks, street grading and paving, drain age facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engi- neering requirements. 3 That the alignment of the easterly line of subject property, where adjacent to the Newport and Riverside Freeways, shall be approved by the State Division of Highways. 4. That street lighting facilities shall be installed along Santa Ana Canyon Road in accordance with the requirements of the Director of Public Utilities. 5. That reasonable landscaping, including irrigation facili- ties, shall be installed on the east side of Santa Ana Canyon Road. Plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and accep- tance of the City of Anaheim shall assume the responsi- bility for maintenance of said landscaping. 6. That Santa Ana Canyon Road shall be developed as a 40- foot roadway with a 7 -foot concrete sidewalk on the west side, and a 7 -foot landscaped parkway on the east side. 7. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 8. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building and zoning inspection. 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 20th day of May, 1969. ATTEST; 9. 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 and zoning inspection. 10. That a 6 -foot masonry wall shall be constructed along the west property line adjacent to the existing single family residential tract, and along the north property line, except at the terminus of the proposed street; said wall shall be a maximum of 42 inches in height within the front setback. 11. That all air- conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes, prior to final building and zoning 12. That the parking areas shall be lighted with down lighting of a maximum height of six (6 feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area, and shall be installed prior to final building and zoning inspections. 13. That Condition Nos. 1, 2, and 3, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant. 14. That Conditions Nos. 4, 5, 6, 7, 8, 9, 10, 11 and 12, above- mentioned, shall be complied with prior to final building and zoning inspections. 15. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit No. 1, Revision No. 1, 2, 3, and 4. 16. That the owner of subject property shall pay to the City of Anaheim the sum of $75.00 per apartment unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. CI Y CCLERZ OF THE CITY OF ANAHEIM F MAYOR •F THE CITY O 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 -277 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 20th day of May, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILMEN None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -277 on the 20th day of May, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1969. (SEAL) CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R -277 duly passed and adopted by the Anaheim City Council on May 20, 1969.