2005-099RESOLUTION N0. 2005 - 99
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE N0.2004-04597.
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. 2004-04597 was granted covering the following described property:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT N0.117, AS SHOWN
ON A MAP FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NQRTHEAST CORNER OF SAID LOT 5, AND
RUNNING THENCE SOUTH 00° 38' S3" WEST, ALONG THE EAST LINE OF
SAID LOTS 5 AND 4,1019.78 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 89° 03' 32" WEST, ALONG SAID SOUTH LINE 1214.91
FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE NORTH 27° 37' 09" WEST ALONG THE
NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL MAP,
122.78 FEET TO AN ANGLE POINT IN SAID PARCEL 3; THENCE NORTH
41 ° 14' 35" WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
3,165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57° 45' 25" EAST, ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 2,129 FEET TO THE MOST
EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 20° 37' 33"
WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND l OF
SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° O1' 20" EAST, ALONG
SAID NORTH LINE,1556.18 FEET TO THE POIlVT OF BEGIlVNING; 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 the above mentioned waiver is hereby granted on the basis that there are
special circumstances applicable to the property such as size, shape, topography, location and
surroundings which do not apply to other identically zoned property in the same vicinity; and that
strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
2. That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved such as steep topography, sensitive habitat and irregular shape that
present challenging development constraints. The proposed subdivision is designed with the
homes located within the center of the property in an effort to preserve open space and comply
with Ciry design polices for hillside areas.
3. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, that would
otherwise be denied to the property in question.
4. That the requested variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby, granted relating to
construction of 35 single-family residences on the property hereinbefore described with waivers
of the following sections of the Anaheim Municipal Code:
SECTION N0.18.04.100.010.0101 - Minimum front setback.
(25 feet required; l5 feet proposed)
That said variance be granted subject to the following conditions:
1. That the property owner/developer shall be responsible for compliance with all the
mitigation measures set forth in Mitigation Monitoring Plan No.132 created specifically for this
project, and for complying with the monitoring and reporting requirements established by the
City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the
property ownerldeveloper shall be responsible for any direct costs associated with the monitoring
and reporting requirements to ensure implementation of the mitigation measures identified in
Mitigation Monitoring Plan No. 132, which are made a part of these conditions of approval by
reference,
2. That gates shall not be installed across any driveway or private street in a manner
which may adversely affect vehicular traffic in any adjacent public street or alley. Installation of
any gates shall conform to Engineering Standard Plan No. 475. Said requirements shall be
subject to the review and approval of the City Traffic and Transportation Manager. Said
information shall be specifically shown on plans submitted for building permits.
3. 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
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plans submitted for building permits for Planning Department and Public Works Department,
Streets and Sanitation Division approval.
4. 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.
5. 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.
6. 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.
7. That final detailed landscape and irrigation plans for the proposed development
shall be subntted to the Development 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.
8. That Variance No. 2004-04597 is hereby granted subject to the approval and
recordation of Tentative Tract Map No. 16440, now pending.
9. That prior to application for water meters, fire line or submitting the water
improvement plans for approval, the developer/owner shall submit to the Public Utilities Water
Engineering Division 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 occur in accordance with Rule No.15A.6 of the
Water Utility Rates, Rules and Regulations.
10. That all existing water services and fire lines shall conform to current Water
Services Standards 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 ownerldeveloper shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
11. That prior to rendering water service, the developer/owner shall submit a set of
improvement plans for Public Utility Water Engineering review and approval in determining the
conditions necessary for providing water service to the project.
12. That water improvement plans shall be submitted to the Water Engineering
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Division for approval and a performance bond in the amount approved by the City Engineer and
from the City Attorney shall be posted with the City of Anaheim.
13. That all backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from any 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.
14. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonment of existing water services and fire lines, shall be coordinated
through Water Engineering Division of the Anaheim Public Utilities Department.
15. That final detailed site, floor, fencing and elevation plans shall be reviewed by
the Planning Commission as a Report and Recommendation item for approval prior to the
issuance of building permits.
16. That the north-south regional trail (Regional Trail No. 14) shall be constructed by
the developer and permanently maintained by the Homeowners' Association. A maintenance
covenant including provisions for proper maintenance pertaining to the trail shall be reviewed
and approved by the City Attorney's Office prior to the issuance of building permits.
17. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. l through 10, and as conditioned herein.
18. 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, 3, 4, 5, 6, 7, 9,11,12,13,
14,15 and 16, above mentioned, shall be complied with. Extensions for further time to complete
said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
19. That prior to final building and zoning inspections, Condition No.17, above
mentioned, shall be complied with.
20. 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.
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BE rT 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 7~' Day of June, 2005, by the following roll call vote:
S. Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY O AHEIM
By
MAYOR OF 'THE ANAHEIM
ATTEST:
~C. f
CLE OF CITY OF ANAHEIM
ss3~~. ~
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