1982-032
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RESOLUTION NO. 82R-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3238.
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WHEREAS, after a request for variance by THE FIELDSTONE
COMPAl~, owner, 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. 3238 was granted covering
the following described property:
THAT PORTION OF THE SOUTH HALF OF SECTION S, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK Sl, PAGE 10 OF MISCEL-
LANEOUS }MPS, RECORDS OF ORANGE COm~TY, CALIFORNIA,
DESCRIBED AS FOLLOWS: PARCEL 3 AS SHOWN ON A MAP FILED
IN BOOK ISO, PAGES 7 TO 11 INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
WHEPiliAS, 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 surround-
ings, 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 classi-
fication in the vicinity.
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NOW, THEREFORE, BE IT P~SOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a two-lot 10S unit condominium sub-
division on the property hereinbefore described with waivers of the
following section of the Anaheim Municipal Code:
SECTION 18.31.061.012 - Hinimum lot area per dwelling unit.
(3000 sq[uarefeet required;
2937 sqUare feet proposed)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to the completion
of Reclassification No. 81-82-3, now pending.
2. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 7.
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3. That the owner of the subject property shall build a
masonry and wrought iron fence along the south boundary of the
subject property from Romneya Drive to the lake. Legal access
to the lake shall be limited by appropriate documents to an area
in front of said owner's proposed condominium development.
4. That, in the event legal access to the lake is provided
to the subject property, as set forth in Condition No.3, above,
the owner of the subject property shall cooperate in establishing
an "mnbrella" organization acceptable to the Anaheim Shores
Owners' Association to establish a pro rata sharing of lake
maintenance costs; the owner of the subject property shall pay
all legal expenses for docmnentation for the umbrella
organization and for soliciting approval by existing homeowners
of the Association.
5. That the owner of the subject property shall landscape
the Anaheim Shores Owners' Association property along the south
boundary of the condominium development to the lake or stream
edge. The condominium association will be made responsible for
maintenance of said landscaping within the lake access area by
recorded legal instrmnent.
6. That the owner of the subject property shall install a
masonry and wrought iron fence on Anaheim Shores Owners' Associa-
tion property along Falmouth Street to control trespassing.
7. That the owner of the subject property shall install
wood roofs on the condominimn development and shall use exterior
colors compatible with the existing houses in the Anaheim Shores
Planned Community.
8. That the owner of the subject property shall use a
combination of solid masonry fencing and landscaping to mitigate
potential noise from the condominium recreation center.
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9. That the owner of the subject property shall not use
the words "Anaheim Shores" in naming or describing the condo-
minium development.
10. That the owner of the subject property shall contribute
$20.000 cash to Anaheim Shores Owners' Association for refurbish-
ing existing landscaping and fencing.
11. That the owner of the subject property shall provide
the Anaheim Shores Owners' Association a reasonable period of time
not to exceed sixty days from the date of this resolution to poll
or otherwise obtain any necessary legal consent of the Association
membership with regard to said owners' compliance with Condition
Nos. 3 through 10 hereof. If said owner is unable to obtain such
consent of the Association or its membership as may legally be
required to implement any or all of said Condition Nos. 3 through
10 hereof, within the aforesaid period, then those certain
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conditions for which such consent is not so obtained shall be
deemed satisfied for purposes of this resolution without further
action by said owner of the subject property. Any conditions for
which such consent is timely obtained shall be complied with in
full by the o~mer of the subject property prior to final building
~) and zoning inspections.
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I BE IT FURTHER RESOLVED that the City Council 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
conditions, or any part thereof, be declared invalid or unenforce-
able by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall
be deemed null and void.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke such variance permit for good cause
or failure of said owner, its successors or assigns to comply
with the Anaheim Municipal Code and regulations and the conditions
herein. Said variance is granted for the term prescribed by the
Anaheim Municipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of January,
1982.
ATTEST: LINDA D. ROBERTS, CIT CLERK
~~ 'l(~
DEPUTY ~tTY CLERK at THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUllTY OF ORANGE ) ss .
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anapeim, do hereby certify that
the foregoing Resolution No. 82R-32 was introduced I and adopted at a regular
meeting provided by law, of the City Council of th~ City of Anaheim held on
the 19th day of January, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour
NOES: COUNCIL MEMBERS: Kaywod and Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Res~lution No. 82R-32 on the 19th day of January, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of January, 1982.
LINDA D. ROBERTS, CITY CLERK
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DEPUTY CITY CLERK OF THE CITY OF ANA~EIM
(S EAt)
I, Llh'DA D. ROBERTS, City Clerk of the City of ~heim, do _ heJ:'epy cert:;ify_that
the foregoing is the original of Resolution No. 82R-32 duly passed and
adopted by the Anaheim City Council on January 19, 1982.
LINDA D. ROBERTS, CITY CLERK
BY ~~ ~S;~
DEPUTY 'ern CLERK
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