87-189 RESOLUTION NO. 87R-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3647.
WHEREAS, after a request for variance by DOYLE E. SMITH
AND MARJORIE L. SMITH, P. 0. BOX 580, Nuevo, California
92367-0580 and NEVILLE LIBBY AND VIOLET LIBBY, 1661 West Cerritos
Avenue, Anaheim, California 92802, owners, and GERALD R. BUSHORE,
P. O. Box 18581, Anaheim, California 92817-8581, agent, 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. 3647 was granted covering the following
described property:
LOT 4 OF TRACT NO. 1322 AS PER MAP RECORDED IN BOOK
40, PAGE 7, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
LOT 3 OF TRACT 1322, AS PER MAP RECORDED IN BOOK 40,
PAGE 7 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID 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 to establish a six (6) lot, RS-7200 Zone, single
family residential subdivision on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.01.030
Required lot frontage. (Frontage
on public street or alley re-
quired; private street frontage
for 4 lots [Nos. 2 - 5] proposed)
SECTION
18.26.065.010
Required orientation of resi-
dential structures. (Residences
required to rear-on arterial
highways; residences on Lots 1
and 6 proposed to front-on or
side-on to Cerritos Avenue)
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 45 feet
in width from the centerline of the street along Cerritos Avenue
for street widening purposes.
2. That ali engineering requirements of the City of Anaheim
along Cerritos Avenue, including preparation of improvement plans
and installation of ail improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer
and drainage facilities, or other appurtenant work shall be
complied with as required by the City Engineer and in accordance
with specifications on file in the Office of the City Engineer;
and that security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount and form satisfactory to
the City of Anaheim, shall be posted with the City to guarantee
the satisfactory completion of said improvements. Said security
shall be posted with the City prior to approval of improvement
plans, to guarantee the installation of the above-required
improvements prior to occupancy.
5. That street lighting facilities along Cerritos Avenue
shall be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager, and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount
and form satisfactory to the City of Anaheim, shall be posted with
the City to guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to approval of improvement plans. The
above-required improvements shall be installed prior to occupancy.
4. That ali lots within this tract shall be served by
underground utilities.
5. That the private street shall be developed in accordance
with the City of Anaheim's Standard Detail No. 122 for private
streets, including installation of street name signs. Plans for
the private street lighting, as required by the standard detail,
shall be submitted to the Building Division for approval and
included with the building plans prior to the issuance of building
permits. (Private streets are those which provide primar7 access
and/or circulation within the project.
6. That prior to issuance of building permit, the
appropriate fees for primary, secondary and fire protection shall
be paid to the Water Utility Division by the Developer in
accordance with Rules 15A and 20 of the Water Utility Rates, Rules
and Regulations.
7. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Cerritos Avenue
in an amount as determined by the City Council.
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8. That prior to issuance of a building permit, appropriate
park and recreation in-lieu fees shall be paid to the City of
Anaheim in an amount as determined by the City Council.
9. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council.
10. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
11. That gates shall not be installed across the private
street in a manner which may adversely affect vehicular traffic in
the adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 402 and shall be subject
to the review and approval of the City Traffic Engineer.
12. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
13. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the Chief
Building Inspector 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.
14. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1; provided, however, that only
one-story single-family residences shall be constructed.
15. That the vehicular
except at the private street
City of Anaheim.
access rights to Cerritos Avenue
opening, shall be dedicated to the
16. That the owners of subject property shall record a
covenant against the property limiting development of all the lots
to one-story, single-family residential structures. Said covenant
shall be recorded with the office of the Orange County Recorder
and a copy of the recorded covenant shall be furnished to the
Planning Department.
17. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9, 13, 15 and
16, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.05.090 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections,
Condition Nos. 4, 10 and 14, above-mentioned, shall be complied
with.
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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 thiK 12th Oay of May, 1987.
MAYOR OF THJ CI~TY OF ANAHEIM
ATTEST:
~.CITY CLERK OF
BG:fm
1891L
061987
OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-189 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of May, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-189 on the 12th day of May, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of May, 1987.
CITY CLERK OF THE ~F ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-i89 duly passed and
adopted by the Anaheim City Council on May 12, 1987.
~,~ITY CLERK OF THE OF ANAHEIM