2005-186RESOLUTION N0. 2005 - 186
A RESOLUTION OF THE CITY COUNCII, OF
THE CITY OF ANAHEIM GRANTING
VARIANCE N0.2004-04626.
WHEREAS, after a request for variance to permit a 28-lot, 21-unit, RH-2 (SC)
single-family residential subdivision, was received, a public hearing before the Planning
Commission of the Ciry of Anaheim was held upon due and proper notice, a result of which
Variance No. was covering the following described property:
BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252
RECORDED IN 900K 226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL
RECORDS:
PARCEL 1: BEGINNING AT THE EASTERLY TERMIlWS OF A LINE
SHOWN AS NORTH 89° 59' S 1"EAST 862.16 FEET IN THE NORTHERLY
LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTI~RLY LINE
AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES:
SOUTH 89° 59' S1"WEST 862.16 FEET, SOUTH 71 ° 23' 00" WEST 365.96
FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST
216.80 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADNS OF 301.75 FEET; THENCE
SOUTHWESTERLY 3.96 FEET ALONG SAID CURVE AND BOUNDARY
OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 00° 45' 10";
THENCE CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST
1592.22 FEET, THENCE DEPARTING FROM SAID PARCEL 3 NORTH 53°
21' 02" WEST 85.00 FEET, THENCE NORTH 21 ° 59' S2" WEST 133.00 FEET;
THENCE NORTH 80° 31' 21"EAST 67.98 FEET; THENCE SOUTH 75° 02' S9"
EAST 181.04 FEET TO THE BEGINNING OF ANON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A
RADIAL LINE TO SAID BEGINNING OF ANON-TANGENT CURVE
BEARS NORTH 70° 33' 29" EAST; THENCE NORTHWESTERLY ALONG
SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' OS":
THENCE NORTH 75° 02' S9" WEST 410.60 FEET: THENCE NORTH 14° 45'
77" EAST 616.76 FEET TO THE POINT OF BEGINNING;
PARCEL 2: BEGINNING AT THE EASTERLY TERMINUS OR A LINE
SHOWN AS NORTH 89°59' S 1"EAST 861.16 FEET IN THE NORTHERLY
LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHERLY LINE
AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES:
NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04" EAST 731.79
FEET, NORTH 77° 30' S3" CAST 31.17 FEET, SOUTH 68° 49' 19" WEST 11.45
FEET. TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 720.00 FEET; THENCE WESTERLY
22.25 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3
THROUGH A CENTRAL ANGLE OF O1 ° 46' 15" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADNS OF
55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE
CURVE BEARS NORTH 22° 56' S6" WEST: THENCE NORTHWESTERLY
39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3
THROUGH A CENTRAL ANGLE OF 41 ° 16' S7" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADNS
OF 45.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF
REVERSE CURVE BEARS SOUTH 18° 20' O1"WEST, THENCE WESTERLY
AND SOUTHERLY 111.74 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 142° 16' Ol" TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING
OFNON-TANGENT CURVE BEARS SOUTH 32° 00' 08" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG
SAID PARCEL 3122,85 FEET THROUGH A CENTRAL ANGLE OF 10° 03'
19" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE
NORTHWEST HAVING A RADNS OF 700.00 FEET; THENCE
SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY
OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 28° 14' 21";
THENCE DEPARTING SAID BOUNDARY OF PARCEL 3 ALONG THE
NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 2 SOUTH 29° 25'
13" EAST 853.12 FEET; THENCE CONTINUING ALONG SAID PARCEL 2
NORTH 80° 32' 46" WEST 1087.79 FEET; THENCE DEPARTING FROM
BOUNDARY OF SAID PARCEL 2 NORTH 53 ° 21' 02" WEST 85.00 FEET;
THENCE NORTH 21 ° 59' S2" WEST 133.00 FEET; THENCE NORTH 80° 31'
21"EAST 67,89 FEET: THENCE SOUTH 75° 02' S9" EAST 181.04 FEET TO
THE BEGINNING OF ANON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADNS OF 43.00 FEET A RADIAL LINE
TO SAID BEGINNING OF ANON-TANGENT CURVE BARES NORTH 70°
33' 29" EAST: THENCE NORTHWESTERLY ALONG SAID CURVE 21.52
FEET THROUGH A CENTRAL ANGLE OF Z8° 40' 05"; THENCE NORTH 75°
02' S9" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 FEET
TO THE POINT OF BEGINNING; 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
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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
28-lot, 21-unit, RH-2 (SC) single-family residential subdivision on the property hereinbefore
described with waivers of the following sections of the Anaheim Municipal Code:
SECTION N0.18.40.060.030 Required private street standards (Sidewalks and
parkways required; none proposed}
That said variance be granted subject to the following conditions:
1. That the property ownerldeveloper shall be responsible for compliance with all the
mitigation measures set forth in Mitigation Monitoring Plan No. 124 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. 124, which are made a part of these conditions of approval by
reference.
2. That trash storage area(s) shall be provided and maintained in locations(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.
3. That a plan sheet for solid waste storage and collection and a plan for recycling
shall be subntted to the Public Works Department, Streets and Sanitation Division for review
and approval.
4. That an on site trash truck turn around area shall be provided per Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Trash truckturn-around shall be provided through each
construction phase of the project. Said turn-around area shall be specifically shown on the plans
submitted for building permits.
5. That gates shall not be installed across any driveway or 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. 609 and shall be subject to the review and
approval of the City Traffic and Transportation Manager.
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6. That the legal property owner shall provide the City of Anaheim with an easement
for electrical service lines to be determined as electrical design is completed. Said easement
shall be submitted to the City Anaheim prior to connection of electrical service.
7. That any required relocation of City electrical facilities shall be at the developer's
expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be
required and shall be shown on plans submitted for building permits.
8. 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 located outside the required street setback area fully screened and shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments
of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.)
and shall be subject to the review and approval of the appropriate City departments.
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 because this project has landscaping areas exceeding two thousand five
hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with
Chapter 10.19 {Landscape Water Efficiency} of Anaheim Municipal Code and Ordinance No.
5349. Said information shall be specifically shown on plans submitted for building permits.
1 1. That the developer/owner shall submit a set of improvement plans to the Public
Utilities Department, Water Engineering Division for review and approval to determine the
conditions necessary for providing water service to the project.
12. 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 Exhibits No. l and 2, and as conditioned herein.
13. That the final site, floor elevation, fencing and landscape plans shall be submitted
to the Planning Services Division for review and approval. Any decision by staff regarding said
plans maybe appealed to the Planning Commission as a Reports and Recommendations item.
14. That prior to issuance of a building permit or within a period of one (1) year from
this date of this Resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9,10,11
and 13herein-mentioned, shall be complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Section 18.03.090 (Time Limit for Amendments,
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Conditional Use Permits, Administrative Use Permits, Variances, and Administrative
Adjustments) of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections, Condition Nos. l and 12,
above mentioned, shall be compiled with.
16. 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.
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 13th Day of September, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu
NOES: Council Members Chavez, Galloway
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MA R OF T'f~ ANAHEIM
ATTE T:
CLERK OF THE CITY OF ANAHEIM
59337. I
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