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RESOLUTION 70-8 AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 69-86 FILED BY MARSHALL L. MORGAN, SUBJECT TO APPLICABLE CONDITIONS Wt{EREAS, after public hearing on notice, the Planning Commission granted a variance on Variance Application 69-86, filed by MARSHALL L. MORGAN, to permit the construction of a two-story, 368 unit garden apartment complex in an A-1 District at 727 South Lyon Street, Santa Ana; and WHEREAS, Appeal Application 228 was filed by JAMES F. and MARY C. HENRY appealing the decision of the Planning Commission to grant said Variance and presenting the matter to the City Council; and WHEREAS, the City Council, after public hearing on notice has determined that said Variance Application meets the requirements of Section 41-638 of the Santa Ana Municipal Code and that said Variance should be granted subject to certain applicable conditions; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby affirm the decision of the Planning Commission and does hereby grant a variance on Variance Application 79-86, filed by MARSHALL L. MORGAN, to permit the construction of a two-story, 368-unit garden apartment complex in the A-1 District at 727 South Lyon Street, Santa Ana; said Variance is granted subject to the following conditions: That a revised plot plan be submitted to and approved by the Planning Department indicating a 48-foot wide private street and 8' x 12' balconies on all second floor units; and that the development be according to the approved revised plot plan except for minor modifications approved by the Planning Department; 2. That there be a minimum of 15-feet between main buildings clear of balconies, landings or stairways; 3e That a landscape plan be submitted to and approved by the Planning Department, and that said landscaping shall be implemented and consist of a balanced combination of trees, shrubs and ground cover; e That all trash areas be shown on the revised plot plan and that they be enclosed by 5-foot high solid walls or fences and solid gates; That an~8-foot hi~b~ solid wall or fence (r~duced to four feet along the front twenty feet) be constructed along the northerly and southerly property lines; 6. That fire protection facilities be provided according to the requirements of the Fire Department; That access to the pedestrian bridge over the Orange County Flood Control Channel shall remain open if and when children reside in the proposed development. THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: Furnish the Department of Public Works a run-off study based on a storm of a ten-year frequency by a civil engineer showing existing and proposed facilities and methods of draining this area and tributary areas without exceeding the capacity of a street on-site or off-site; -1-