2005-025RESOLUTION NO. 2005 - 25
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2004-04637.
WHEREAS, after a request for variance to permit a 5-lot, 4-unit, RS-3
single-family residential subdivision with a waiver of the hereinafter specified requirement of the
Anaheim Municipal Code concerning lot frontage on a public or private street, 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. 2004-04637 was granted covering the following
described property:
THE SOUTH 220 FEET OF THE WEST 165 FEET OF THE
EAST 495 FEET OF LOT TEN OF ORANGEWOOD TRACT, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
7, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID 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.
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 a 5-lot,
4-unit, RS-3 single-family residential subdivision on the property hereinbefore described with a
waiver of the following section of the Anaheim Municipal Code:
SECTION NO. 18.92.150 Lot fronta eg on a public or private street.
(Frontage required; private access proposed)
That said variance be granted subject to the following conditions:
1. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot
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wide clearance around the water meter pad and a 10-foot wide access easement along the water
line from the street to the water meter pad for maintenance.
2. That all backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from the public street. Any backflow assemblies
currently installed in a vault 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 of the street setback area in a manner fully screened from all
public streets and alleys. Said information shall be specifically shown on plans submitted for
approval by the Water Engineering Division of the Public Utilities Department.
3. That all existing water services shall conform to current Water Utility Standards.
Any existing water services that are not approved by the Utility for continued use shall be
upgraded to current standards, or abandoned by the property owner/developer. If the existing
services are no longer needed, they shall be abandoned by the property owner/developer.
4. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be coordinated
through the Water Engineering Division of the Public Utilities Department.
5. That prior to submitting the water improvement plans, the property
owner/developer shall submit a water system master plan, including a hydraulic distribution
network analysis, to the Water Engineering Division of the Public Utilities Department for
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.
6. That prior to application for water meters, fire lines or submitting the water
improvement plans for approval, the property owner/developer shall submit to the Water
Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow
rate and maximum day and peak hour water demands for the project. 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 done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
7. That individual water service and/or fire line connections shall be required for
each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water
Rates, Rules and Regulations.
8. That because this project has a landscaping area exceeding 2,500 square feet, a
separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and
Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on
plans submitted for building permits.
9. That the legal property owner shall provide the City of Anaheim with an easement
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for electrical service lines to be determined as electrical design is completed. Said easement
shall be submitted to the City of Anaheim prior to connection of electrical service.
10. That any required relocation of City electrical facilities shall be at the property
owner/developer's expense. Landscape and/or hardscape screening of all pad-mounted
equipment shall be required and shall be shown on plans submitted for building permits.
11. That an on-site trash truck turn-around area shall be provided per Engineering
Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans
submitted for building permits.
12. That trash storage areas shall be provided and maintained in a location 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 for Planning Department and Public Works Department,
Streets and Sanitation Division approval.
13. That a plan sheet for solid waste storage, collection and a plan for recycling shall
be submitted to the Public Works Department, Streets and Sanitation Division for review and
approval.
14. That the property shall be permanently maintained in an orderly fashion by
providing regular landscape maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from time of occurrence.
15. That any tree planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
16. That roll-up garage doors shall be shown on plans submitted for building permits.
Said doors shall be installed and maintained as shown on submitted plans.
17. That a final detailed landscape and irrigation plans for the proposed development
shall be submitted to the Planning Services Division for review and approval. Said landscape
plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted
in layers in common areas, and minimum 24-inch box sized trees in the front yard of each
property. All trees shall be properly, professionally, and permanently maintained to ensure
mature, healthy growth. And that final fencing plans shall be submitted to the Planning Services
Division for review and approval. Said plans shall include a 5-foot wide, fully landscaped
setback adjacent to Simmons Avenue.
18. That Variance No. 2004-04637 is hereby granted subject to the approval and
recordation of Tentative Tract Map No. 16803, now pending.
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19. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by project applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
20. That prior to issuance of the first building permit, or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 8, 9, 10,
11, 12, 13, 16, 17, 18 and 24, hereof shall be complied with. Extensions for further time to
complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
21. That prior to final building and zoning inspections, Condition Nos. 3 and 19
above-mentioned, shall be complied with.
22. 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.
23. Prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs
described in the Project WQMP
Demonstrate that an adequate number of copies of the approved Project WQMP
are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMPs.
24. That final detailed elevation plans shall be submitted to the Planning Services
Division for review and approval. Said plans shall include measures to ensure privacy of the
existing homes to the east and west, including opaque glass for any second story windows. Any
decision made by the Planning Services Division regarding said plans may be appealed to the
Planning Commission and/or City Council.
BE TT 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,
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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 March, 2005, by the following roll call vote:
AYES: 1~`ayor Pringle, Council Menbers Sidhu, Galloway, Hernandez, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE CIT OF ANAHEIM
ATTE T:
f~-~~-c-~L~C..
ITY CLE OF CITY OF ANAHEIM
5742].1
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