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RES-2006-096RESOLUTION NO. 2006 -096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2005- 04655. WHEREAS, after a verified Petition for Variance was received by the City of Anaheim, 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. 2005 -04655 was granted covering the following described property: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 65 PAGE 33 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 the hereinafter mentioned waivers are hereby approved as the site is uniquely constrained by its irregular shape and steep topography and these are special circumstances applicable to the property which do not apply to other identically zoned property in the same vicinity. The sloping terrain of the property imposes constraints on creating a developable pad without the use of retaining walls. 2. That the hereinafter mentioned waivers are hereby granted on the basis 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 because there are several similar height waivers that have been granted on Ramsgate Drive and Whitestone Drive which are directly adjacent to the project, retaining walls in the vicinity that are higher than the requested walls that are visible to the public right -of -way and lots created in the area that have narrow access drives. Therefore, there are multiple properties in the vicinity already developed with the benefits requested by these waivers, and strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity. 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, and 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 because the project has been designed to mitigate the impact of the waivers. Because of the topography of the area and the design of the home, the surrounding properties would not experience any view obstruction because of the additional height, and by using plantable retaining walls, and placing the highest retaining wall behind the home, the visual impact of the higher retaining walls is mostly shielded from the surrounding homes. 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 single - family residence on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) SECTION NO. 18.18.060.010 Maximum structural height; (25 feet permitted; 34 feet proposed) (b) SECTION NO. 18.46.110.130 (c) SECTION NO. 18.92.150 Maximum retaining wall height; (3 -feet high permitted; 10 -feet high proposed) Lot frontage on a public or private street; Frontage on a public or private street required; frontage on private drive proposed) That said variance be granted subject to the following conditions: 1. That plantable retaining walls shall be constructed with materials such as the "Verdura®" or "LoffelsteinTM" products in a manner in which the walls are segmented, where every block can be planted to create a retaining wall that is completely covered with vegetation. Such information shall be specifically shown on the plans submitted for grading permits. 2. That a certified arborist shall be present during grading and construction activities of the private access way to ensure the safety and preservation of the stand of eucalyptus trees on the adjacent property along the west property line. In the event any of the specimen trees are destroyed due to site grading, replacement trees shall be planted by the applicant in accordance with Section No. 18.18.040.060 of the Anaheim Municipal Code. 3. 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. 4. That all air - conditioning facilities and other ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 5. That all plumbing or other similar pipes and fixtures located on the exterior of the 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. - 2 - 6. That any required relocation of City electrical facilities shall be at the developer's expense. 7. 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. Said information shall be specifically shown on plans submitted for building permits. 8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 9. Deleted. 10. Deleted. 11. 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. 12. 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 owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 13. 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 Exhibit Nos. I through 7, as conditioned herein. 14. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 138 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 15. That the City of Anaheim sewer connection fee shall be paid. 16. 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. 3, 4, 5, 7, 8 and 15, above mentioned, shall be complied with. Extensions for further time to complete said - 3 - conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That prior to issuance of a grading permit, Condition Nos. 1 and 11, above - mentioned, shall be complied with. 18. That prior to final building and zoning inspections, Condition No. 13, above mentioned, shall be complied with. 19. 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 16`' Day of May, 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Galloway, Chavez NOES: Council Members Hernandez, Sidhu ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE CITY 0 ANAHEIM ATTEST: ITY CL RK O , THE CITY OF ANAHEIM 61849.1 - 4 -