96-035 RESOLUTION NO. 96R-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING V~RIANCE NO. 4286.
WHEREAS, after a request for variance to permit a 3-lot
single-family residential subdivision 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. 4286 was denied covering the following described property:
PARCEL A:
PARCEL 1. That portion of Vineyard Lot A-7 of
Anaheim, in the City of Anaheim, County of Orange,
State of California, as per map recorded in book
4, Pages 629 and 630 of Deeds, in the office of
the County Recorder of said Los Angeles County,
California, described as follows:
Beginning at a point on the Westerly line of said
Lot A-7 distant Southerly 133.00 feet from the
Northwest corner of said lot; thence Easterly
243.62 feet parallel with the Northerly line of
said lot to the Westerly line of that certain
parcel of land conveyed to H.S. Wagers and wife by
deed recorded April 19, 1940, in Book 1044, Page
91, of Official Records of said Orange County;
thence Southerly 60.20 feet along the Westerly
line of said land conveyed to Wagers to the
Southerly line of the land described in decree of
distribution recorded March 4, 1940 in Book 1031,
Page 479, of Official Records of said Orange
County; thence Westerly 243.62 feet parallel with
the Northerly line of said Lot A-7, to the
Westerly line of said lot; thence Northerly 60.20
feet along said Westerly line to the point of
beginning.
PARCEL 2. A right of way for pipe line together
with the right to repair and maintain the same
over a strip of land 3.00 feet in width over a
portion of Vineyard Lot A-7 of Anaheim, in the
City of Anaheim, County of Orange, State of
California, as per map recorded in Book 4, Pages
629 and 630 of Deeds, in the office of the County
Recorder of said Los Angeles County, California,
the East line of which is described as follows:
Beginning at the Northeast corner of the land
described in Parcel 1 herein; thence Northerly
along the Northerly extension of the Easterly line
of said land of the Northerly line of said Lot
A-7.
PARCEL B.
The Westerly 222 feet of the Northerly 150 feet of
the Southerly 599.3 feet of Vineyard Lot A-7, as
shown on a map recorded in Book 4, Pages 629 and
630, Deeds, records of Los Angeles County,
California.
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 single-family
residential subdivision, on the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
(a) Sections 18.12.060.060 Minimum lot size.
and 18.25.061.010 (10.000 sq.ft. required;
6,180 and 8,437 sq.ft.
proposed for two lots [31,240
sq.ft. for third lot])
(b) Sections 18.12.060.080 Minimum lot width.
and 18.25.061.020 (90 feet required;
20 and 60 feet proposed for
two lots [130 feet for third
lot])
That said variance be granted subject to the following
conditions:
2
1. That prior to issuance of a building permit, the developer
shall pay the City of Anaheim sewer connection fee
(currently $350/acre - City Council Resolution No. 63R-1).
In addition, the developer shall pay the City of Anaheim
sewer mitigation fee (currently $1,270/unit).
2. That sidewalks shall be installed along West Street, in
accordance with City Standard No. 110, within 90 days of
final parcel map recordation.
3. That prior to issuance of a building permit, the developer
shall submit a water quality management plan (WQMP)
specifically identifying best management practices that will
be used on site to control predictable pollutants from
stormwater runoff. The WQMP shall be submitted to the
Public Works Department, Development Services Division for
review and approval.
4. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this decision,
whichever occurs first, Condition Nos.1 and 3,
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.
5. 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.1.
6. 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 applicants
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 12th day of March, 1996.
CITY CLERK OF ThE CITY OF ANAHEIM
0018310.01
4
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. 96R-35 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 12th day of March, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-35
on the 12th day of March, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 12th day of March, 1996.
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. 96R-35 was duly passed and adopted by the City Council of the City of
Anaheim on March 12th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM