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RESOLUTION 70-102 UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING~A VARIANCE ON VARIANCE APPLICATION 70-41 FILED BY GENE J. STEPHENS, SUBJECT TO APPLICABLE CONDITIONS WHEREAS, after public hearing on notice, the Planning Commission granted a variance on Variance Application 70-41, filed by GENE J. STEPHENS to permit the construction of a two stor~, 116 unit garden apartment complex in the R 1 District located on the south side of McFadden Avenue, west of Newhope Street; and WHEREAS, Appeal Application No. 247 was duly filed by Walter M. Beckman, 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 70-41, filed by GENE J. STEPHENS to permit the construction of a two story, 116 unit garden apartment complex in the R 1 District on the south side of McFadden Avenue, west of Newhope Street, Santa Ana; and said Variance is granted subject to the following conditions: That a revised plot plan be submitted to and approved by the Planning Department reversing the plot plan so that the driveway and carports be moved from the east to the west side of the site. That development be according to the approved revised plot plan except for minor modifications to be approved by the Planning Department. That there be a 6' high solid fence or solid masonry wall along the ~asterly property line (to 4' along the front 15') and solid fences or walls the same height as the carports along the southerly and westerly property lines (reduced to 4' along the front 15' adjacent to McFadden Avenue.) 4. That all trash areas be surrounded by 5' high solid block walls and solid gates. Se That a landscape plan be submitted to and approved by the Planning Department which will show a balanced combination of trees, shrubs and ground cover. Said plan is to be implemented and constantly maintained. THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: Furnish the Department of Public Works a runoff 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-