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69R-111RESOLUTION NO. 69R -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2047 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Oliver S. Smith, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The South 100 feet of the North 460 feet of the East 448 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 13, in Town- ship 4 South, Range 11 West, San Bernar- dino Base and Meridian. 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. PC69 -14 recommending that Variance No. 2047 be granted in part, 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 4th day of March 19 69 at 1:30 o'clock P.M. in the C ty 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 two- story,24 -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. A waiver of the maximum height of any building located within 150 feet of an R -A Zone (Section 18.28.050[5 -b]); 2. A waiver of the minimum distance between buildings (Section 18.28.050 (7 -a]); and 3. A waiver of the maximum distance of living units from a standard street (Section 18.28.050[9 -b]). That said variance is granted subject to the following conditions: 1. That this variance is granted subject to the com- pletion of Reclassification Proceedings No. 68- 69-63, now pending. 2. That sidewalks shall be installed along Magnolia Avenue, as required by the City Engineer, and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. 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. 4. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. ATTEST: 5. That provisions shall be made for the drainage of subject property in a manner satisfactory to the City Engineer. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes. 7. That the lighting for the parking areas shall be 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. 8. 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 a 6 -foot masonry wall along the north property line. 9. That Conditions Nos. 2, 3, 4, 5, 6, 7, and 8, above mentioned,shall be complied with prior to final building and zoning inspections. 10. 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 two bedroom units shall be in conformance with the R 3 Zone Code requirements, as stipulated by the petitioner at the time the requested waiver of the minimum floor area per dwelling unit was withdrawn. 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 4th day of March, 1969. I Y CLERK OF THE CITY OF ANAHEIM 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 -111 was introduced and adopted at a regular meeting proWided by law, of the City Council of the City of Anaheim, held oa the 4th 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 -111 on the 4th day of March, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of March, 1969. (SEAL) CI 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 -111 duly passed and adopted by the Anaheim City Council on March 4, 1969. City Clerk