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2005-099RESOLUTION N0. 2005 - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE N0.2004-04597. 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. 2004-04597 was granted covering the following described property: ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT N0.117, AS SHOWN ON A MAP FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NQRTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE SOUTH 00° 38' S3" WEST, ALONG THE EAST LINE OF SAID LOTS 5 AND 4,1019.78 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST, ALONG SAID SOUTH LINE 1214.91 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 27° 37' 09" WEST ALONG THE NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL MAP, 122.78 FEET TO AN ANGLE POINT IN SAID PARCEL 3; THENCE NORTH 41 ° 14' 35" WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3,165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE NORTH 57° 45' 25" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,129 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 20° 37' 33" WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND l OF SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° O1' 20" EAST, ALONG SAID NORTH LINE,1556.18 FEET TO THE POIlVT OF BEGIlVNING; 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 the above mentioned waiver is hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved such as steep topography, sensitive habitat and irregular shape that present challenging development constraints. The proposed subdivision is designed with the homes located within the center of the property in an effort to preserve open space and comply with Ciry design polices for hillside areas. 3. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, that would otherwise be denied to the property in question. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted relating to construction of 35 single-family residences on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION N0.18.04.100.010.0101 - Minimum front setback. (25 feet required; l5 feet proposed) That said variance be granted subject to the following conditions: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No.132 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property ownerldeveloper shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 132, which are made a part of these conditions of approval by reference, 2. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in any adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 3. 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 - 2 - plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 4. 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. 5. 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. 6. 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. 7. That final detailed landscape and irrigation plans for the proposed development shall be subntted to the Development 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. 8. That Variance No. 2004-04597 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16440, now pending. 9. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division 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 occur in accordance with Rule No.15A.6 of the Water Utility Rates, Rules and Regulations. 10. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line. 11. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Public Utility Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 12. That water improvement plans shall be submitted to the Water Engineering -3- Division for approval and a performance bond in the amount approved by the City Engineer and from the City Attorney shall be posted with the City of Anaheim. 13. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from any 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. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 15. That final detailed site, floor, fencing and elevation plans shall be reviewed by the Planning Commission as a Report and Recommendation item for approval prior to the issuance of building permits. 16. That the north-south regional trail (Regional Trail No. 14) shall be constructed by the developer and permanently maintained by the Homeowners' Association. A maintenance covenant including provisions for proper maintenance pertaining to the trail shall be reviewed and approved by the City Attorney's Office prior to the issuance of building permits. 17. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. l through 10, and as conditioned herein. 18. 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. 2, 3, 4, 5, 6, 7, 9,11,12,13, 14,15 and 16, above mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition No.17, above mentioned, shall be complied with. 20. 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. -4- BE rT 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 7~' Day of June, 2005, by the following roll call vote: S. Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez NOES: None ABSENT: None ABSTAIN: None CITY O AHEIM By MAYOR OF 'THE ANAHEIM ATTEST: ~C. f CLE OF CITY OF ANAHEIM ss3~~. ~ -5-