Loading...
2001-165RESOLUTION NO. 2001R-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04433, IN PART. WHEREAS, after a request for variance , was received, public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2001-04433 was granted, in part, covering the following described property: a THAT PORTION OF IMPERIAL HIGHWAY IN TRACT NO. 10409 IN THE CITY ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 529 PAGES 6 TO 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOT 29 OF SAID TRACT. ON THE SOUTH BY THE SOUTHERLY LINE OF SAID IMPERIAL HIGHWAY. ON THE EAST BY THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 29. ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 29; 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 11 single-family residences on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 18.04.020.023 18.26.060 18.84.042 Minimum lot depth adjacent to an arterial and hiqhway.(120-foot deep residential lots required adjacent to Hillside Primary and Hillside Secondary Arterial Highways; two lots proposed adjacent to Imperial Highway with depths of 72 feet and 25- 115 feet, and two lots proposed adjacent to Via Escola with depths of 30- 115 feet and 80-136 feet) Sections 18.26.061.020 and 18.84.042 Minimum lot width.(70 feet required; nine 13 to 66 foot wide lots proposed) Sections 18.26.065.010 and 18.84.042 - Orientation of residential structures. (Dwellings required to rear on arterial hiqhways; One dwelling proposed to side on Imperial Hiqhwa¥ and two dwellings proposed to front on Imperial Hiqhway and Via Escola ) That said variance be granted subject to the following conditions: 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. 2. That a six (6) foot high decorative masonry block sound wall -2- o shall be constructed and maintained along the east and south property lines along Imperial Highway and Via Escola. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to said wall, and that said landscaping shall be irrigated and maintained,. Said information shall be specifically shown on the plans submitted for building permits. That satisfactory evidence shall be submitted to the Building Division showing that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. Said information shall be specifically shown on the plans submitted for building permits. That each lot shall have adequate street frontage to provide an area for trash collection and each lot shall have a location in which to store the trash barrels out of the public's view. The developer shall submit a plan for trash barrel storage to the Public Works Department, Streets and Sanitation Division, for review and approval prior to issuance of a building permit. That final site, floor and elevation plans for each residence, showing additional architectural enhancements for all building elevations for all three models shall be submitted to the Zoning Division for review and approval by the Planning Commission as a ~Reports and Recommendations" item. That approval of Variance No. 2001-04433 is granted subject to approval and finalization of Reclassification No. 2001- 00048, and finalization and recordation of Tentative Tract Map No. 16036. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency' of Anaheim Municipal Code and Ordinance No. 5349. That if the City of Anaheim is to provide water service, the developer/owner shall submit the following to the Public Utilities Water Engineering Division: an estimate of the maximum fire flow rate, and the average day, maximum day and peak hour water demands for the project. This information -3- 10. 11. 12. 13. 14. will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. That the developer/owner shall extend the twelve inch (12") water main from Imperial Highway to the project site if the City of Anaheim is to provide water service. Water improvement plans shall be submitted for Public Utilities Water Engineering Division for review and approval in determining the conditions necessary for providing water service to the project. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a permit or installation, whichever occurs first. That a landscaping plan shall be submitted to the Zoning Division for review and approval, which plan shall include trees planted on maximum twenty (20) foot centers. Said landscaping, once planted, shall be maintained in conformance with said plan. That prior to the conlmencement of construction or other activities involving significant soil disturbance, all areas of Coastal Sage Scrub (CSS) to be avoided on adjacent lands shall be identified with temporary fencing or other markers clearly visible to construction personnel. Prior to issuance of a building permit, the property owner/developer shall submit a letter to the Planning Department documenting compliance with this measure. That if construction activities are planned during gnat catcher breeding and nesting season (February 15th through August 30~h), the developer shall implement measures (e.g., construct sound and light barriers), as recommended by a monitoring biologist in possession of a Section 10(a)l(A) recovery permit from the U.S. Fish and Wildlife Service, to -4- 15. 16. 17. 18. 19. 20. City this avoid impacts to breeding and nesting birds. That following completion of initial grading/earth movement activities and prior to commencement of construction activities, all areas of Coastal Sage Shrub (cas) on adjacent lands that are to be avoided by construction equipment and personnel shall be marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials shall be permitted within such marked areas. Prior to commencement of construction, the property owner/developer shall submit a letter to the Planning Department documenting compliance with this measure. That ongoing during construction, waste dirt and/or rubble shall not be deposited on the adjacent Coastal Sage Shrub {CSS). Pre-construction meetings including the monitoring biologist, construction supervisors and equipment operators shall be conducted and documented to ensure maximum adherence to this measure. That ongoing during construction, Coastal Sage Shrub (CSS) located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust, as recommended by the monitoring biologist. 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. 1 and 2, and as conditioned herein. 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. 1, 2, 3, 4, 5, 6, 8, 9, 12, 13 and 15, 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. Prior to final building and zoning inspections, Condition Nos. 7, 10 and 18, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council of the of Anaheim does hereby find and determine that adoption of Resolution is expressly predicated upon applicant's -5- 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 19th day of June, 2001. ATTEST: ~7~I~ CLERK OF THE CITY 'OF ANAHEIM 40716.1 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-165 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None '/}'¢~?7. CI]/~'-CLE~-"-OF THE CI'~Y OF ANAHEIM (SEAL)