2001-165RESOLUTION NO. 2001R-165
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2001-04433, IN PART.
WHEREAS, after a request for variance , was received,
public hearing before the Planning Commission of the City of
Anaheim was held upon due and proper notice, a result of which
Variance No. 2001-04433 was granted, in part, covering the
following described property:
a
THAT PORTION OF IMPERIAL HIGHWAY IN
TRACT NO. 10409 IN THE CITY
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 529 PAGES 6 TO 10
OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTHERLY LINE OF LOT 29
OF SAID TRACT.
ON THE SOUTH BY THE SOUTHERLY LINE OF SAID
IMPERIAL HIGHWAY.
ON THE EAST BY THE SOUTHERLY PROLONGATION OF
THE EASTERLY LINE OF SAID LOT 29.
ON THE WEST BY THE SOUTHERLY PROLONGATION OF
THE WESTERLY LINE OF SAID LOT 29; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a public
hearing noticed and held as prescribed by law and, as a result
thereof, the City Council does hereby make the following
findings:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
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 to permit 11 single-family residences
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
Sections 18.04.020.023
18.26.060
18.84.042
Minimum lot depth adjacent
to an arterial and
hiqhway.(120-foot deep
residential lots
required adjacent to
Hillside Primary
and Hillside Secondary
Arterial Highways; two
lots proposed adjacent to
Imperial Highway with
depths of 72 feet and 25-
115 feet, and two lots
proposed adjacent to Via
Escola with depths of 30-
115 feet and 80-136 feet)
Sections 18.26.061.020
and 18.84.042
Minimum lot width.(70 feet
required; nine
13 to 66 foot wide lots
proposed)
Sections 18.26.065.010
and 18.84.042
- Orientation of residential
structures.
(Dwellings required to
rear on arterial hiqhways;
One dwelling proposed to
side on Imperial Hiqhwa¥
and two dwellings proposed
to front on Imperial
Hiqhway and Via Escola )
That said variance be granted subject to the following
conditions:
That all air conditioning facilities and other ground
mounted equipment shall be properly shielded from view and
the sound buffered from adjacent residential properties.
Such information shall be specifically shown on the plans
submitted for building permits.
2. That a six (6) foot high decorative masonry block sound wall
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o
shall be constructed and maintained along the east and south
property lines along Imperial Highway and Via Escola.
Clinging vines to eliminate graffiti opportunities shall be
planted on maximum five (5) foot centers adjacent to said
wall, and that said landscaping shall be irrigated and
maintained,. Said information shall be specifically shown
on the plans submitted for building permits.
That satisfactory evidence shall be submitted to the
Building Division showing that the proposed project is in
conformance with Council Policy Number 542 "Sound
Attenuation in Residential Projects" and with Noise
Insulation Standards specified in the California
Administrative Code, Title 25. Said information shall be
specifically shown on the plans submitted for building
permits.
That each lot shall have adequate street frontage to provide
an area for trash collection and each lot shall have a
location in which to store the trash barrels out of the
public's view. The developer shall submit a plan for trash
barrel storage to the Public Works Department, Streets and
Sanitation Division, for review and approval prior to
issuance of a building permit.
That final site, floor and elevation plans for each
residence, showing additional architectural enhancements for
all building elevations for all three models shall be
submitted to the Zoning Division for review and approval by
the Planning Commission as a ~Reports and Recommendations"
item.
That approval of Variance No. 2001-04433 is granted subject
to approval and finalization of Reclassification No. 2001-
00048, and finalization and recordation of Tentative Tract
Map No. 16036.
That because this project has landscaping areas exceeding
two thousand five (2,500) square feet, a separate irrigation
meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency' of Anaheim Municipal Code and
Ordinance No. 5349.
That if the City of Anaheim is to provide water service, the
developer/owner shall submit the following to the Public
Utilities Water Engineering Division: an estimate of the
maximum fire flow rate, and the average day, maximum day and
peak hour water demands for the project. This information
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10.
11.
12.
13.
14.
will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site
water system improvements required to serve the project
shall be in accordance with Rule No. 15A.6 of the Water
Utility Rates, Rules, and Regulations.
That the developer/owner shall extend the twelve inch (12")
water main from Imperial Highway to the project site if the
City of Anaheim is to provide water service. Water
improvement plans shall be submitted for Public Utilities
Water Engineering Division for review and approval in
determining the conditions necessary for providing water
service to the project.
That any required relocation of City of Anaheim electrical
facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipment
shall be required.
That gates shall not be installed across any driveway in a
manner, which may adversely affect vehicular traffic on the
adjacent public streets. Installation of any gates shall
conform to the Engineering Standard Plan No. 609 and shall
be subject to review and approval by the City Traffic and
Transportation Manager prior to issuance of a permit or
installation, whichever occurs first.
That a landscaping plan shall be submitted to the Zoning
Division for review and approval, which plan shall include
trees planted on maximum twenty (20) foot centers. Said
landscaping, once planted, shall be maintained in
conformance with said plan.
That prior to the conlmencement of construction or other
activities involving significant soil disturbance, all areas
of Coastal Sage Scrub (CSS) to be avoided on adjacent lands
shall be identified with temporary fencing or other markers
clearly visible to construction personnel. Prior to
issuance of a building permit, the property owner/developer
shall submit a letter to the Planning Department documenting
compliance with this measure.
That if construction activities are planned during gnat
catcher breeding and nesting season (February 15th through
August 30~h), the developer shall implement measures (e.g.,
construct sound and light barriers), as recommended by a
monitoring biologist in possession of a Section 10(a)l(A)
recovery permit from the U.S. Fish and Wildlife Service, to
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15.
16.
17.
18.
19.
20.
City
this
avoid impacts to breeding and nesting birds.
That following completion of initial grading/earth movement
activities and prior to commencement of construction
activities, all areas of Coastal Sage Shrub (cas) on
adjacent lands that are to be avoided by construction
equipment and personnel shall be marked with temporary
fencing or other appropriate markers clearly visible to
construction personnel. No construction access, parking, or
storage of equipment or materials shall be permitted within
such marked areas. Prior to commencement of construction,
the property owner/developer shall submit a letter to the
Planning Department documenting compliance with this
measure.
That ongoing during construction, waste dirt and/or rubble
shall not be deposited on the adjacent Coastal Sage Shrub
{CSS). Pre-construction meetings including the monitoring
biologist, construction supervisors and equipment operators
shall be conducted and documented to ensure maximum
adherence to this measure.
That ongoing during construction, Coastal Sage Shrub (CSS)
located within the likely dust drift radius of construction
areas shall be periodically sprayed with water to reduce
accumulated dust, as recommended by the monitoring
biologist.
That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1 and
2, and as conditioned herein.
That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8,
9, 12, 13 and 15, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
Prior to final building and zoning inspections, Condition
Nos. 7, 10 and 18, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council of the
of Anaheim does hereby find and determine that adoption of
Resolution is expressly predicated upon applicant's
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compliance with each and all of the conditions hereinabove set
forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any
court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of June, 2001.
ATTEST:
~7~I~ CLERK OF THE CITY 'OF ANAHEIM
40716.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-165 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
'/}'¢~?7. CI]/~'-CLE~-"-OF THE CI'~Y OF ANAHEIM
(SEAL)