90-280 RESOLUTION NO. 90R-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 4051.
WHEREAS, after a request for variance by Pierco
Development, 14771 Plaza Drive, Suite A, Tustin, CA 92680, was
received, a public hearing before the Zoning Administrator of the
City of Anaheim was held upon due and proper notice, a result of
which Variance No. 4051 was granted covering the following
described property:
The Northerly 140 feet of the following: Beginning at
the Northeast corner of Lot 11 of the "Miles Rancho",
in the City of Anaheim, as shown on a Map recorded in
Book 4, Page 7 of Miscellaneous Maps, records of
Orange County, California, thence South along the East
line of said Lot 11, 652.8 feet; thence West parallel
to the North line of said Lot 11, 106 feet; thence
North parallel to said East line 652.8 feet to a point
on the said North line, thence East along said North
line 106 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 Zoning Administrator 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, BB IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a 4-1or RM-1200 (Residential,
Multiple-Family) Zone subdivision on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.54.061.020 - Minimum building site width.
~ (70 feet required;
56.5 feet proposed)
SECTION 18.54.065.022 - Minimum sideyard setback.
(12 feet required;
~ 10 feet proposed)
Variance 4051
That said variance be granted subject to the following conditions:
1. That sidewalks shall be installed along Romneya Drive as
required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
2. That the legal owner(s) of subject property shall record
unsubordinated covenant(s) granting perpetual easements as
follow:
(a) Access easements for mutual ingress and egress between
Parcel Nos. 1 and 2, and between Parcel Nos. 3 and 4; and
(b) Covenant agreeing that no fences, walls or other
partitions shall be constructed between Parcel Nos. 2 and
5 in a manner which reduces the amount of usable
recreational open space to less than the minimum required
by the Zoning Code for the RM-1200 Zone.
The access easements shall be designed in a manner
satisfactory to the City Traffic Engineer. Said covenants
shall be submitted to the City Attorney's Office for review
and approval prior to recordation in the Office of the Orange
County Recorder. A copy of the recorded covenants shall be
submitted to the Zoning Division.
3. That street lighting facilities along Romneya Drive shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the
Utilities General Manager; or 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.
4. That prior to rendering of water service, the appropriate fees
due for primary water mains shall be paid to the Water
Engineering Division in accordance with Rules 1SA and 20 of
the Water Utility Rates, Rules and Regulations.
5. That separate water fire service will be provided for each
parcel.
6. That the legal owner of subject property shall dedicate to the
City of Anaheim a five [S) foot wide easement along the
southerly property line of subject property for public utility
purposes.
7. That all parcels within subject subdivision authorized by this
resolution shall be served by underground utilities.
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8. That storage areas for recyclable trash shall be out of the
public's view.
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 established by City Council resolution.
10. That gates shall not be installed across any driveway.
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 prior to issuance of a
building permit.
11. That plans shall be submitted to the City Traffic Engineer for
his review and approval showing conformance with Engineering
Standard Plan Nos. 456 and 601 pertaining to parking
standards. Subject property shall thereupon be developed and
maintained in conformance with said plans.
12. That all driveways on Romneya shall be constructed with ten
(10) foot radius curb returns as required by the City Engineer
in conformance with Engineering Standard No. 157.
15. That both spaces in each pair of tandem parking spaces shall
be assigned to the same dwelling unit.
14. That guest parking shall be clearly marked "guest parking
only" and shall be readily accessible to motorists from
contiguous streets.
15. 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 No. 2.
16. That the final parcel map shall be in substantial accordance
with the tentative parcel map submitted to the City of Anaheim
by the petitioner and which map is on file with the Planning
Department marked Exhibit No. 1.
17. That prior to recordation of a final parcel map, or contiguous
with the recordation of a parcel map, or within a period of
one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 2, 6 and 16, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
18. That prior to issuance of a building permit or within a period
of one year from the date of this decision, whichever occurs
first, Condition Nos. $ and 9, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
-3- Variance 4051
19. That the owner of the subject property shall (i) record an
unsubordinated covenant relating to the minimum acceptable
level of maintenance of the subject property in a form
approved by the Planning Director and City Attorney, and (ii)
maintain the property, and all portions thereof, in accordance
with the requirements of said covenant.
20. That prior to final building and zoning inspections, Condition
Nos. 1, 2, 3, 5, 6, 7, 8, 10 through 15, and 19
above-mentioned, shall be complied with.
21. 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 24th day of July, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
382SL
080690
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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. 90R-280 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of July, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-280 on the 25th day of July, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of July, 1990.
CITY CLERK OF THE CITY OF 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. 90R-280, duly passed and
adopted by the Anaheim City Council on July 24, 1990.
CITY CLERK OF THE CITY OF ANAHEIM