88-108RESOLUTION NO. 88R-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 5747, IN
PART.
WHEREAS, after a request for variance by PERALTA LTD.,
3150 E Birch, Brea, California, Attn: Vic Peloquin, 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. 3747 was denied covering the following
described property:
LOTS 1 TO 42 TRACT 12576, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA IS SHOWN ON MAP
RECORDED IN BOOK S73 PAGES 10 TO 16 INCLUSIVE,
MISCELLANEOUS MAPS, OFFICE OF THE COUNTY RECORDERS OF
SAID COUNTY; 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.
NON, 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 permitting construction of single-family
residences with a maximum height not to exceed 35 feet on lots 1-9,
11-28, 50, 31 and 38-41 only of the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
SECTIONS 18.25.062.010
AND 18.84.042.011
- Maximum structural height.
(25 feet permitted in the
35 -Feet proposed)
Scenic Corridor;
That said variance be granted subject to the following conditions:
That prior to issuance of each 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 approved by City Council
Resolution No. 85R-423.
o
o
That prior to issuance of each building permit, the
appropriate traffic signal assessment fee shall be paid to
the City of Anaheim in an amount as determined by the City
Council.
That, as specified in Anaheim Municipal Code Section No.
18.84.041.012, no roof-mounted equipment, whatsoever, shall
be permitted.
That subject property shall be developed in accordance with
plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1, 2 and 3; and that the maximum building
height of each building shall not exceed thirty five (35)
feet (including chimneys, etc.) except for Lot Nos. 10, 29,
32, 34, 35 and 36.
That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2 and 4,
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.
That prior to final building and zoning inspections for each
residence, Condition No. 5, above-mentioned, shall be
complied with.
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
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.
That prior to issuance of any building permit for any
structure in excess of 25 feet in height on lots 1-9, 11-28,
30, 51 or 35-41, the property owner shall record an
unsubordinated covenant in a form approved by the City
Attorney against lots 33-37 and in favor of the City of
Anaheim limiting the maximum structural height on lots 33-57
to 18 feet above finished grade as such grade is shown on the
existing grading plan for said lots as heretofore approved by
the City Engineer. In the event of conveyance and separation
of ownership of any of the lots specified in this condition
prior to recordation of the covenant required herein, or
~ssuance of any building permit for any structure in excess
of 18 feet in height on lots 53, 34, 55, 36 or 37, this
Variance and ali entitlements granted hereunder shall be null
and void.
-2-
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 ail
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 8th day of March, 1988.
M YOR OF THE CITY ~)F ANAHEIM
ATTEST:
CITY CLERK OF THE CFFY OF ANAHEIM
JLW/jd
2340L
030988
-3-
CLERK
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. 88R-108 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of March, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution NO. 88R-108 on the 14th day of March, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of March, 1988.
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. 88R-108 duly passed and
adopted by the Anaheim City Council on March 8, 1988.
CITY CLERK OF THE CITY OF ANAHEIM