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87-189 RESOLUTION NO. 87R-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3647. WHEREAS, after a request for variance by DOYLE E. SMITH AND MARJORIE L. SMITH, P. 0. BOX 580, Nuevo, California 92367-0580 and NEVILLE LIBBY AND VIOLET LIBBY, 1661 West Cerritos Avenue, Anaheim, California 92802, owners, and GERALD R. BUSHORE, P. O. Box 18581, Anaheim, California 92817-8581, agent, 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. 3647 was granted covering the following described property: LOT 4 OF TRACT NO. 1322 AS PER MAP RECORDED IN BOOK 40, PAGE 7, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 3 OF TRACT 1322, AS PER MAP RECORDED IN BOOK 40, PAGE 7 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 (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 establish a six (6) lot, RS-7200 Zone, single family residential subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.01.030 Required lot frontage. (Frontage on public street or alley re- quired; private street frontage for 4 lots [Nos. 2 - 5] proposed) SECTION 18.26.065.010 Required orientation of resi- dential structures. (Residences required to rear-on arterial highways; residences on Lots 1 and 6 proposed to front-on or side-on to Cerritos Avenue) That said variance be granted subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Cerritos Avenue for street widening purposes. 2. That ali engineering requirements of the City of Anaheim along Cerritos Avenue, including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. 5. That street lighting facilities along Cerritos Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 4. That ali lots within this tract shall be served by underground utilities. 5. That the private street shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primar7 access and/or circulation within the project. 6. That prior to issuance of building permit, the appropriate fees for primary, secondary and fire protection shall be paid to the Water Utility Division by the Developer in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 7. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Cerritos Avenue in an amount as determined by the City Council. -2- 8. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 9. That prior to issuance of a 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. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 11. That gates shall not be installed across the private street 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. 402 and shall be subject to the review and approval of the City Traffic Engineer. 12. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 13. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector 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. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that only one-story single-family residences shall be constructed. 15. That the vehicular except at the private street City of Anaheim. access rights to Cerritos Avenue opening, shall be dedicated to the 16. That the owners of subject property shall record a covenant against the property limiting development of all the lots to one-story, single-family residential structures. Said covenant shall be recorded with the office of the Orange County Recorder and a copy of the recorded covenant shall be furnished to the Planning Department. 17. 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, 3, 5, 6, 7, 8, 9, 13, 15 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 4, 10 and 14, above-mentioned, shall be complied with. -3- 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 thiK 12th Oay of May, 1987. MAYOR OF THJ CI~TY OF ANAHEIM ATTEST: ~.CITY CLERK OF BG:fm 1891L 061987 OF ANAHEIM -4- 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. 87R-189 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of May, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-189 on the 12th day of May, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1987. CITY CLERK OF THE ~F 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. 87R-i89 duly passed and adopted by the Anaheim City Council on May 12, 1987. ~,~ITY CLERK OF THE OF ANAHEIM