2001-245RESOLUTION NO. 2001R-245
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2001-04432.
WHEREAS, after a request for variance 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. 2001-04432 was denied covering the following described
property:
THE EASTERLY 100 FEET OF THE NORTHERLY 232.61
FEET OF THE WEST ONE-HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LAS
BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; 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 (t)
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 two-lot residential subdivision
of the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
Sections 18.04.020.023
and 18.26.060
Minimum lot depth adjacent to an
arterial highway.
(120-foot deep lot required adjacent
to Orangewood Avenue;
72 feet proposed for Lot No. 1)
Section 18.26,065,010-
Orientation of residential structures.
(single-family dwellings required to
rear onto arterial highways;
Lot No. 1 sides on Orangewood Avenue)
Section 18.01.130
Required lot frontage adjacent to a
public or private street.
(frontage on a public or private street
required; Lot No. 2 proposed without
public or private street frontage but
with access to Orangewood Avenue along a
driveway)
That said variance be granted subject to the following conditions:
1. That this Variance is granted subject to adoption of a zoning
ordinance in connection with Reclassification No. 2001-00047 and
approval of Tentative Parcel Map No. 2000-211, now pending.
2. That trash storage area(s) shall be provided and maintained in
location(s) acceptable to the Public Works Department, Streets and
Sanitation Division. A plan, drawn to scale, shall be submitted
showing the storage area(s) and collection area(s) for three
automated trash barrels for each dwelling (i.e., a total of six (6)
barrels). Said information shall be specifically shown on the
plans submitted for building permits.
3. That gates shall not be installed across any driveway in a
manner which may adversely affect vehicular traffic in the adjacent
public street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the
review and approval of the City Traffic and Transportation Manager
prior to issuance of a building permit.
4. That roll-up garage doors shall be shown on the plans
submitted for building permits. Said doors shall be installed and
maintained as shown on submitted and approved plans.
5. 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.
6. That a site plan showing the existing street conditions
adjacent to the property shall be submitted to the City Traffic and
Transportation Manager.
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7. That the legal owner of the property shall provide the City of
Anaheim with a public utilities easement to be determined as
electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
8. That any required relocation of City electrical facilities
shall be at the developer's expense. Landscape and/or hardscape
screening of all pad-mounted equipment shall be required.
9. That a six (6) foot-high decorative masonry block sound wall
shall be constructed and maintained along the east property line.
Clinging vines to eliminate graffiti opportunities shall be planted
on maximum five (5) foot centers adjacent to said wall. Said
landscaping shall be irrigated and maintained. Said information
shall be specifically shown on the plans submitted for building
permits.
10. That satisfactory evidence shall be submitted to the Building
Division showing that the proposed project is in conformance with
Council Policy No. 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.
11. That final specific floor plans and elevation plans shall be
submitted to the Zoning Division for review and approval indicating
the proposed materials and architectural enhancements. Any
decision of the Zoning Division may be appealed to the Planning
Commission.
12. That the 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 No. 1 of Exhibit Nos. 1, 2 and
3, and as conditioned herein.
13. 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, 9, 10, 11 and 16, hereof,
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. Further, if an extension of time is
requested for the alcohol sales portion of this request, it shall
be considered at a noticed public hearing.
14. That prior to final building and zoning inspections, Condition
Nos. 7, 8 and 12, shall be complied with.
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15. 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.
16. That final site, building elevation, and fencing plans shall
be submitted to the Zoning Division for Planning Commission review
and approval as a ~Reports and Recommendations" item. The final
site plan shall specifically indicate the proposed building
footprints, building orientation, setback, lot coverage, driveways
and garages for both parcels. The building elevation plans shall
specifically indicate all four sides of each house, building height
and materials, and door and window locations. The fencing plan
shall specifically indicate the proposed fencing around the
perimeter of both properties, including the fencing height,
materials, and grade separations between the subject property and
adjacent properties. Planning Department staff shall provide
public notice of this '~Reports and Recommendations" item in
accordance with the provisions of Anaheim Municipal Code Section
No. 18.03.060.010.
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 25-~th day of September,
2001.
MAYOR OF HEIM
THE
ATTEST:
· CIT CLERK OF THE CITY OF ANAHEIM
42031.1
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. 2001 R-245 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of September, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS' None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Kring
ABSENT:
MAYOR/COUNCIL MEMBERS: None
(SEAL)