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2001-266RESOLUTION NO. 2001R-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04443. WHEREAS, after a request for variance , was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2001-04443 was granted covering the following described property: THAT PORTION OF LOT 6 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICER OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THAT CERTAIN LINE DESIGNATED "EASTERLY LINE OF RIVAS ALLOTMENT:, ON A MAP FILED IN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ON A BEARING ON SOUTH 1409.76 FEET FROM THE NORTHEAST CORNER OF SAID RIVAS ALLOTMENT, AS SHOWN ON SAID MAP; THENCE SOUTH 56 DEG. 30' 00" EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 DEG. 30' '00" "EAST 197.08 FEET; THENCE SOUTH 87 DEG. 30' 00" EAST 953.07 FEET TO THE EASTERLY LINE OF LOT 6 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 THE FOLLOWING COURSES: SOUTH 74 DEG. 20' 00" WEST 693.66 FEET, NORTH 65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18' 00" WEST 132.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF NORTH 81 DEG. 18' 00" WEST 112.35 FEET TO A LINE THAT BEARS SOUTH 6 DEG. 00' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00' 00" WEST 1142.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I. MAAG, RECORDED DECEMBER 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL RECORDS. PARCEL 2: THOSE PORTIONS OF LOTS 4 AND 5 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT NORTH 65 DEG. 03' WEST 102.18 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. 06' EAST 464.60 FEET TO A POINT IN THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY AS DESCRIBED IN DEED RECORDED MARCH 7, 1940, IN THE BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 74 DEG. 27' EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 15 DEG. 33' EAST 3.00 FEET TO A POINT; THENCE NORTH 74 DEG. 27' EAST, CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE' 507.09 FEET TO A POINT N THE EASTERLY LIEN OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID EASTERLY LINE 397.22 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE NORTH 65 DEG. 03' WEST 102.18 FEET TO THE POINT OF BEGINNING. AND PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, 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. - 2 - 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 establish a 128-unit single-family detached subdivision in the RS-5000(SC) (Residential, Single- Family - Scenic Corridor Overlay) Zone on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Section 18.01,130(2)- Required frontage on a street. (Frontage on a private or public street required; two lots with frontage on a 25-foot wide private access easement proposed) Section 17.06,048,020.0201- Maximum permitted fence height. (10 feet high permitted for a retaining wall; 23 to 26-foot hiah combination sound and retaining wall proposed [i.e., 12-foot high sound wall on an 11 to 14-foot hiah retaining wall along the SR 91/Riverside Freeway]) Section 18.27.062.030.031- Maximum lot coverage and open space requirements. (Permitted: 35% lot coverage, Proposed: over 35% lot coverage proposed for 3 to 5-bedroom dwellings on lots ranging from 5,000 sq.ft. to 12,947 sq.ft.; and Required: 850 sq.ft. additional open space per bedroom required for each house with more than 3 bedrooms [i.e., minimum 5,000 sq. ft. lots required for 3-bedroom houses, minimum 5,850 sq.ft. lots required for 4-bedroom houses, and minimum 6,700 sq.ft. lots required for 5- bedroom houses], Proposed: three to five bedroom houses proposed on lots ranging from 5,000 sq.ft. to 12,947 sq.ft. [of which 92 lots are smaller than 6,700 sq.ft.]) - 3 - Section 18.27,061,021 Minimum lot width. (45 feet required for cul-de-sac and knuckle lots; 32 to 44 feet proposed for 17 lots) That said variance be granted subject to the following conditions: 1. That the property owner/developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No. 116 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City of Anaheim in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 116 which is made a part of these conditions of approval by reference. 2. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City of Anaheim departments. 3. That because this project has landscaping areas exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be installed and shall comply with Chapter 10.19 of the Anaheim Municipal Code (Landscape Water Efficiency) and Ordinance No. 5349. 4. a. That not more than eighty percent (80%) of the total one hundred twenty eight (128) residential lots shall be developed with four (4) bedroom houses or five (5) bedroom houses (i.e., maximum one hundred two [102] lots may have 4 and 5 bedroom homes); and b. That not more than forty percent (40%) of the total one hundred twenty eight (128) residential lots shall be developed with five (5) bedroom houses (i.e., maximum fifty one [51] houses may have 5 bedrooms). Information regarding these limitations on the number of - 4 - permitted bedrooms for the homes on individual lots shall be provided to the future homeowner at the sale of each home. Said information shall also be identified in the Covenants, Conditions and Restrictions (~CC&Rs~) for the homeowners' association. 5. That final landscaping, site, floor, elevation, fencing, signage and street light plans shall be submitted to the Zoning Division of the Planning Department specifying the proposed number of bedrooms on each lot, the lots requiring the waiver of open space and lot coverage requirements, architectural details, decorative walls, and street lights for review and approval by the Planning Commission as a ~Reports and Recommendations" item. Public notification shall be provided for said review, as would typically be required for a public hearing item,. 6. That this development proposal, which includes Tentative Tract Map Nos. 16254 and 16255, shall not have vehicular gates or any other type of vehicular barrier separating the private streets from Solomon Drive. 7. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on the submitted plans. 8. That clinging vines shall be planted and maintained on all exterior screen walls visible to a public right-of-way. Said information shall be specifically shown on the plans submitted for Planning Commission review and approval as a "Reports and Recommendations" item. 9. That prior to issuance of a building permit, the developer/owner shall submit a set of improvement plans for Public Utilities, Water Engineering, review and approval in determining the conditions necessary for providing water service to the project. 10. That on-site trash truck turn-around area(s) shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area(s) shall be specifically shown on the plans submitted for building permits. 11. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. - 5 - 12. That a plan, drawn to scale, shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval showing storage areas and collection areas for three (3) automated trash barrels for each dwelling unit. 13. That prior to issuance of the first building permit, excluding the model homes, the underlying final tract map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor, and shall then be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 14. That the developer shall submit a grading plan to the Public Works Department, Development Services Division, for review and approval. Grading shall conform to the requirements of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code. 15. That prior to issuance of a building permit, the developer shall submit street improvement plans for Santa Ana Canyon Road, Solomon Drive and Via Cortez to the Public Works Department, Development Services Division; and that a bond shall be posted to guarantee that Santa Ana Canyon Road, Solomon Drive and Via Cortez shall be improved in accordance with the Circulation Element of the Anaheim General Plan and as approved by the City Engineer. The improvements shall be installed prior to final zoning and building inspection. 16. (a) That the developer shall submit landscaping plans for the median islands in Santa Ana Canyon Road and other adjacent public rights-of-way, as determined by the Urban Forestry Division, Community Services Department. (b) That prior to the landscaping plans being finalized and approved by the city, Community Services staff will meet with community representatives to seek input regarding the placement of off-site trees. (c) That prior to issuance of a building permit, the landscaping plans shall have been aDDroved by the Community Services Department; and that a bond in the amount of twenty thousand dollars ($20,000.00) shall have been be posted to guarantee that the landscaping will be provided as approved by the City of Anaheim. (d) That prior to final Zoning and Building inspections, these landscaping improvements shall have been installed. - 6 - 17. That the legal property owner shall submit a Water Quality Management Plan (~WQMP") specifically identifying best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall include measures to maximize the use of pervious materials onsite (such as use of concrete pavers in driveways and sidewalks along the private streets). The WQMP shall also include water quality enhancing detention basins to the extent practicable in open space areas. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval prior to obtaining a grading permit. 18. That the developer shall obtain a National Pollution Discharge Elimination System ("NPDES") permit from the State Water Resources Control Board. A copy of Notice of Intent (NOI) and proof of applying for the NDPES permit shall be submitted to the Public Works Department, Development Services Division, prior to obtaining a grading permit. 19. That prior to issuance of a grading permit, the developer shall submit a Geology Report verifying Mitigation Measures for seismic hazard. The report shall be reviewed and approved by the City of Anaheim. 20. That a Storm Water Pollution Prevention Plan ("SWPPP") shall be prepared prior to commencement of construction and after having assessed the physical characteristics of the site after grading to determine the Best Management Practices ("BMPs") most effective in maintaining downstream protection against water pollution. 21. That decorative street lights shall be installed within the underlying tract; and that on Solomon Drive street lights shall be installed to match the existing lights, as approved by the Electrical Engineering Division. 22. That prior to commencing construction, all necessary permits required by Caltrans shall be obtained. 23. That the drainage for the property shall be provided in a manner satisfactory to the City Engineer. 24. That the Hydrology and hydraulic calculations shall be reviewed and approved by the City Engineer. 25. That Tract No. 16255 shall not be developed prior to Tract No. 16254 without prior review and approval by the Planning Commission at a noticed public hearing. - 7 - 26. That a notation shall be placed on the grading plan describing the process to be followed in the event of an archaeological find, in compliance with State of California law. 27. 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, 2, and Revision No. 1 of Exhibit No. 3, and as conditioned herein. 28. 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. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16 and 32, herein-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. 29. That prior to final building and zoning inspections, Condition Nos. 3, 16(d), 21, 23 and 27, above-mentioned, shall be complied with. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 31. That prior to issuance of a grading permit or within a period of one (1) year from the date of this resolution~ whichever occurs first, Condition Nos. 13, 14, 15, 17, 18, 19, 23 and 24, 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. 32. That prior to issuance of a building permit, a plan to place a plaque on the property commemorating the history of the Maag Ranch shall be prepared. Said plan, which shall include wording, design, materials and location, shall be submitted to the Zoning Division for review and approval. Said plaque shall be placed - 8 - prior to final occupancy of the first dwelling and shall be maintained by the homeowners association and made accessible for public viewing. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 16th day of October, 2001. ATTEST: MAYOR OF THE 42206. i - 9 - 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. 2001 R-266 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of October, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kdng, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None F THE CITY OF ANAHEIM (SEAL)