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2005-025RESOLUTION NO. 2005 - 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2004-04637. WHEREAS, after a request for variance to permit a 5-lot, 4-unit, RS-3 single-family residential subdivision with a waiver of the hereinafter specified requirement of the Anaheim Municipal Code concerning lot frontage on a public or private street, 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. 2004-04637 was granted covering the following described property: THE SOUTH 220 FEET OF THE WEST 165 FEET OF THE EAST 495 FEET OF LOT TEN OF ORANGEWOOD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER 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. 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 5-lot, 4-unit, RS-3 single-family residential subdivision on the property hereinbefore described with a waiver of the following section of the Anaheim Municipal Code: SECTION NO. 18.92.150 Lot fronta eg on a public or private street. (Frontage required; private access proposed) That said variance be granted subject to the following conditions: 1. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot ... wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 2. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from the public street. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 3. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, they shall be abandoned by the property owner/developer. 4. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 5. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 6. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information 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 done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 7. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 8. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 9. That the legal property owner shall provide the City of Anaheim with an easement - 2 - ~,. for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 10. That any required relocation of City electrical facilities shall be at the property owner/developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 11. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 13. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 14. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 15. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 16. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 17. That a final detailed landscape and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. And that final fencing plans shall be submitted to the Planning Services Division for review and approval. Said plans shall include a 5-foot wide, fully landscaped setback adjacent to Simmons Avenue. 18. That Variance No. 2004-04637 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16803, now pending. - 3 - 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 20. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 24, hereof shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 21. That prior to final building and zoning inspections, Condition Nos. 3 and 19 above-mentioned, shall be complied with. 22. 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. 23. Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 24. That final detailed elevation plans shall be submitted to the Planning Services Division for review and approval. Said plans shall include measures to ensure privacy of the existing homes to the east and west, including opaque glass for any second story windows. Any decision made by the Planning Services Division regarding said plans may be appealed to the Planning Commission and/or City Council. BE TT 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, - 4 - T shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of March, 2005, by the following roll call vote: AYES: 1~`ayor Pringle, Council Menbers Sidhu, Galloway, Hernandez, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE CIT OF ANAHEIM ATTE T: f~-~~-c-~L~C.. ITY CLE OF CITY OF ANAHEIM 5742].1 - 5 -