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2002-215RESOLUTION NO. 2002R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2002-04512. 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.2002-04512 was granted, in part, to permit construction of a 63-unit detached single-family residential subdivision in the RS-5000 (Residential, Single-Family) Zone on the following described property: PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 65, PAGE 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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, in part, to permit construction of a 63-unit detached single-family residential subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 17.08.390 - Required improvement of private streets. 17.08.650 (Sidewalks required on both sides of 18.04.080.020 private streets; no sidewalks proposed and 18.04.080.080 for Lot Nos. 4, 5, 6 and 7 on the private street ~F" cul-de-sac) Sections 18.04.042.040 - Minimum lot width. and 18.27.061.021 (45 feet required for lots fronting on a 40 feet proposed for Lot Nos. 5 and 6 on private street "F" cul-de-sac) Section 18.27.061.030 - Minimum lot area. (5,000 sq.ft, required; 4,000 to 4,833 sq.ft, proposed for 57 lots) Section 18.27.062.030 - Maximum lot coverage. (35% permitted; 36% to 41% proposed on 32 lots) Section 18.27.062.031 - Minimum open space. (5,850 sq.ft, lots required for 4-bedroom houses; 4,000 to 5,757 sq.ft, lots proposed for 61, 4-bedroom houses) That said variance be granted subject to the following conditions: 1. That the developer shall install minimum twenty four (24) inch box sized trees on maximum thirty (30) foot centers in the parkway or in tree wells (minimum fifty two (52) inch square, each) in the public rights-of-way along Gilbert Street and La Palma Avenue. Said information shall be specifically shown on plans submitted to the Community Services, Public Works and Planning Departments for review and approval. 2. That decorative bollards or other effective decorative barriers acceptable to the Zoning Division of the Planning Department, the Police Department, and the Community Services Department shall be constructed along the perimeter of the common recreation area. Said information shall be specifically shown on the plans submitted for building permits. 3. (a) That the property owner/developer shall install street lights on Gilbert Street and La Palma Avenue as required by the Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits to guarantee the installation of said fixtures. (b) That the street lights shall be installed prior to occupancy of the first dwelling unit. 4. That the location(s) 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. The plans shall also identify the specific screening treatment of - 2 - each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.), which treatments shall be subject to review and approval by the appropriate City departments. 5. That trash storage area(s) shall be provided and maintained in location(s) 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, and will be reviewed and approved by the Planning Department and the Public Works Department, Streets and Sanitation Division. 6. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 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 approved plans. 8. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 9. That all plumbing and other similar pipes and fixtures located on the exterior of any building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 10. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 11. That clothes washer and dryer hookups shall be incorporated into each dwelling unit, and shall be shown on the plans submitted for building permits. 12. That final landscaping and fencing plans for the subject property shall be submitted to the Zoning Division for review and approval. (a) The landscaping plans shall show that minimum twenty four (24) inch box sized trees, shrubs, groundcover and vines shall be - 3 - planted in 'layers' on the north and west sides of the screen wall facing La Palma Avenue and the northerly portion of Gilbert Street. (b) The landscaping plan shall also show twenty four (24) inch box sized trees in the front yard of each home fronting on Gilbert Street. Any decision made by the Zoning Division regarding said landscaping and fencing plans may be appealed to the Planning Commission and/or City Council. All trees shall be properly and professionally maintained by the homeowners association to ensure mature and healthy growth. 13. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2001-00077 and recordation of a final map in connection with Tract No. 16359, now pending. 14. That any required relocation of city electrical facilities shall be at the developer's expense. All pad-mounted equipment shall be screened with landscaping and/or hardscape, and that said screening shall be shown on the plans submitted for building permits. 15. That prior to application for water meters or fire lines, or prior to submitting the water improvement plans for approval, the developer/owner shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Water Engineering Division of the Public Utilities Department. This information 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. 16. That all backflow equipment shall be located above ground and outside the street setback areas in a manner fully screened from all public and private streets. Any backflow assemblies currently installed in vault(s) shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback areas in a manner fully screened from all public streets. Said information shall be shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval prior to submittal of plans for building permits. 17. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter - 4 - 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 18. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering Division review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 19. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and/or fire lines, shall be coordinated through the Public Utilities Department, Water Engineering Division. 20. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Water Engineering Division review and approval to determine the conditions necessary for providing water service to the project. 21. That all existing water services and fire lines shall conform to current Water Services Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or abandon any water service or fire line. 22. That a plan shall be submitted to the City Traffic and Transportation Manager for review and approval specifying how vehicle security gates and vehicle turn-around will function if the developer proposes installation of gates at the entry to the project. Said information shall be specifically shown on the plans submitted for building permits. 23. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicle traffic in the adjacent public streets. Installation of any gates shall conform to 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 for such gate. 24. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. - 5 - 25. That the driveway shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137 (maximum thirty (30) feet wide). Said information shall be specifically shown on the plans submitted for building permits. 26. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 27. Proposed Condition No. 27 was deleted at the August 26, 2002 Planning Commission hearing, and added to the conditions of approval for Tentative Tract Map No. 16359 (which was processed concurrently with this Variance). 28. Proposed Condition No. 28 was deleted at the August 26, 2002 Planning Commission hearing, and added to the conditions of approval for Tentative Tract Map No. 16359 (which was processed concurrently with this Variance). 29. That all dwelling units shall be assigned street address numbers. The street name(s) for the private street(s), if requested by the developer or required by the City, shall be submitted to the Building Division for review and approved. 30. That as stipulated by the applicant during the public hearing: (a) The front setbacks of the homes on Lot Nos. 2 and 9 shall be increased; (b) The applicant shall reverse the homes on Lot Nos. 28 and 52, if feasible; and (c) The following building elevations shall include enhanced building articulations similar to those identified on Exhibit No. 17. - 6 - LOT NO. 1 5 and 6 ELEVATION Side (on the north) Side (on the north) 10 and 11 Side (on the north) 28 and 29 Side (on the north) 32 Side (on the south) 33 Side (on the north) 35 Side 36 through 44 Rear 45 47 through 51 46 and 52 Side and Rear Rear Side and Rear 54 through 62 Side 53 and 63 Side and Rear 31. That the proposed decorative block walls along the east and south property lines, except in required front yards, shall be limited to seven (7) feet in height, subject to approval of an Administrative Adjustment in compliance with Section 18.12.080 of the Anaheim Municipal Code. Said information shall be specifically shown on the plans submitted for building permits. 32. 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 Revision No. 1 of Exhibit Nos. 1, 2 and 15, and Exhibit Nos. 3 through 14, and 16 through 19; and as conditioned herein. 33. 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(a), 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 22, 23, 24, 25, 29, 30 and 31, 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. 34. That prior to final building and zoning inspections, Condition Nos. 3(b) and 32, above-mentioned, shall be complied with. 35. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the - 7 - 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. 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 1st day of October, 2002. ATTEST: MAYOR OF THE CITY OF ANAHEIM PRO TEM CItY CLER~K OF THE CITY OF ANAHEIM 46794.1 - 8 - 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. 2002R-215 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Daly ,~ITYCLER~( OF THE CITY OF ANAHEIM (SEAL)