90-032 RESOLUTION NO. 90R-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 4008.
WHEREAS, after a request for variance by GEROLDINE
JEWELL EXECUTOR, ESTATE OF ALFRED STBCHERT, 6111E. Via Sabia,
Anaheim, CA, owner, and MICHAEL FRAIZER, 18200 Yorba Linda
Boulevard, #201, Yorba Linda, CA 92686, agent, 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. 4008 was granted covering the following described
property:
PARCEL ONE:
THAT PORTION OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 9
WEST, IN THE LAND ALLOTTED TO JUAN YORBA, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
DESCRIBED IN THE FINAL DECREE PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1968 IN BOOK "B", PAGES 410 OF JUDGEMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND
FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN
LINE, SHOWN ON SAID MAP AS HAVING BEARING OF NORTH 4
DEGREES 3?' 37" WEST; THENCE NORTH 4 DEGREES 3?' 20"
WEST ALONG SAID LINE 40.16 FEET; THENCE NORTH 85
DEGREES 22' 40" EAST 148.00 FEET; THENCE NORTH 48
DEGREES 30' 17" EAST 121.00 FEET; THENCE NORTH 76
DEGREES 02' 13" EAST 127.64 FEET; THENCE NORTH 85
DEGREES 48' 39" EAST 129.92 FEET; THENCE NORTH 70
DEGREES 02' 35" EAST ALONG A RADIAL LINE 10.00 FEET TO
A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 360.00 FEET; THENCE SOUTHERLY
AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 4 DEGREES 32' 16", AN ARC LENGTH OF 2851 FEET;
THENCE LEAVING SAID CURVE ON A NON-TANGENT LINE, SOUTH
85 DEGREES 48' 30" WEST 84.00 FEET; THENCE SOUTH 72
DEGREES 30' 2?" WEST 45.60 FEET; THENCE SOUTH 6
DEGREES 33' 08" EAST 311.67 FEET; THENCE SOUTH 82
DEGREES 30' 21" WEST 53.05 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 46.00 FEET; THENCE WESTERLY AND SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES
14' 09", AN ARC LENGTH OF 42.74 FEET TO A POINT, A
RADIAL LINE THROUGH WHICH BEARS NORTH 60 DEGREES 43'
48" WEST; THENCE LEAVING SAID CURVE NORTH 66 DEGREES
24' 03" WEST 94.03 FEET; THENCE NORTH 36 DEGREES 40'
34" WEST 62.22 FEET; THENCE SOUTH 82 DEGREES 12' 57"
WEST 123.22 FEET; THENCE NORTH 30 DEGREES 32' 09" WEST
162.51 FEET TO THE POINT OF BEGINNING.
VAR. #4008
PARCEL TWO:
THAT PORTION OF THE ORIGINAL LOT NO. 2S, TRACT NO.
9217 IN THE CITY OF ANAHEIM PER MAP RECORDED IN BOOK
39S, PAGES S THROUGH 8 OF MISCELLANEOUS MAPS, RBCORDS
OP ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID ORIGINAL
LOT 25; THENCE NORTH 66 DEGREES 24' 03" WEST ALONG THE
ORIGINAL NORTHERLY LINE OF LOT 24, 94.03 FEET; THENCE
NORTH 36 DEGREES 40' 34" WEST ALONG THE ORIGINAL
NORTHEASTERLY LINE OF LOT 25, 62.22 FEET; THENCE SOUTH
82 DEGREES 12' 57" WEST ALONG THE ORIGINAL NORTHERLY
LINE OF LOT 25, 123.22 FEET; THENCE SOUTH 30 DEGREES
32' 09" EAST ALONG THE ORIGINAL WESTERLY LINE OF LOT
25, 2.85 FEET; THENCE NORTH 81 DEGREES 49' 36" EAST
122.61 FEET; THENCE SOUTH 3? DEGREES 05' 32" EAST
61.58 FEET; THENCE SOUTH 66 DEGREES 45' 11" EAST 93.02
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
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 3-lot RS-HS-22,000(SC) Zone
subdivision on the property hereinbefore described with waivers of
the following sections of the Anaheim Municipal Code:
SECTION 18.23.061.020 Minimum lot width.
(required: 100-foot
~_~mle in subdivision
nimum 85 feet and
60 feet for cul~- e-sac
lots; proposed:46-foot
a with 27 a---flit 22
That said variance be granted subject to the following conditions:
-2- VAR. #4008
1. That prior to issuance of a building permit, the appropriate
major thoroughfare and bridge fee shall be paid to the City of
Anaheim in an amount as specified in the Major Thoroughfare
and Bridge Fee Program for the Foothill/Eastern Transportation
Corridor, as established by City Council resolution.
2. 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.
That the asphalt concrete berm shall be repaired along Via
Sabia and Via Montanera as required by the City Engineer and
in accordance with standard plans and specifications on file
in the Office of the City Engineer.
That grading and drainage of subject property shall conform to
Chapter 17.04 "Grading, Excavations, Fills and Water Courses"
of the Anaheim Municipal Code.
5. That prior to issuance of building permits, the appropriate
drainage assessment fee shall be paid to the City of Anaheim
in an amount determined by the City Engineer.
6. That a parcel map shall be submitted to and approved by the
City of Anaheim and then be recorded in the Office of the
Orange County Recorder.
7. That prior to issuance of a building permit, the appropriate
fees due for primary mains shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
8. That water service to subject property shall be provided as
required by the Water Engineering Division. Said service may
include looping of the existing water system.
9. That the legal owner of subject property shall dedicate to the
City of Anaheim a five (5) foot wide public utility easement
as required by the Electrical Engineering Division to provide
electrical service to the proposed subdivision. Said easement
shall be dedicated to the City prior to release for electrical
service.
10. That all lots within subject subdivision shall be served by
underground utilities.
11. That the legal owner of subject property shall provide
conduits and substructures and pay fees for the extension of
underground electrical circuits, as required by the Electrical
Engineering Division to provide service to the proposed
subdivision.
12. That a fee shall be paid to the City of Anaheim for tree
planting along Via Montanera and Via Sabia in an amount as
established by City Council resolution.
-5- VAR. #4008
13. That prior to final parcel map approval, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim
in an amount as established by City Council resolution.
14. That the existing residence and any existing accessory
buildings shall maintain minimum required setback distances
from newly established property lines unless a variance is
approved by the City Council, Planning Commission or Zoning
Administrator.
1S. That fire sprinklers shall be installed as required by the
Fire Department.
16. That any specimen tree removal shall be subject to the tree
preservation regulations of Code Section 18.84.058 "Tree
Preservation" in the Scenic Corridor Overlay Zone.
17. That no roof-mounted equipment, whatsoever, shall be
permitted, as specified in Anaheim Municipal Code Section
18.84.042.030.
18. 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 Revision 1 of Exhibit No. 1;
provided, however, that the specific location of the two (2)
driveways to Via Sabia shall be reviewed and approved by the
City Traffic Engineer prior to issuance of any building permit.
19. That prior to commencement of the activity herein approved or
within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 9 and 13,
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.
20. That prior to issuance of a building permit, Conditions Nos.
1, 2, $, 6, 7, 11 and 12, above-mentioned, shall be complied
with.
21. That prior to final building and zoning inspections, Condition
Nos. 3, 8, 10, 1S and 18, 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.
-4- VAR. #4008
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 16th day of January, 1990.
R O~ O~ A~
ATTEST:
C I ~~ F~THE~C i~
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3481L
011990
-5- VAR. #4008
CLERK
STATE OF CALIFOP~IA )
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-32 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of January, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-32 on the 30th day of January, 1990..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of January, 1990.
CITY CLERK OF THE CITY
( 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-32, duly passed and
adopted by the Anaheim City Council on January 16, 1990.
OF THE CITY OF ANAHEIM