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2000-034RESOLUTION NO. 2000R-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4380. WHEREAS, after a request for variance to permit an RS- 5000(SC) zoned single-family residential subdivision, 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. 4380 was granted covering the following described property: LOT 12 OF TRACT NO. 5591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 252, PAGES 4 TO 8 INCLUSIVE 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 for the following reasons: (a) this is an irregularly-shaped parcel (being about 2,857 feet wide as measured along the SR 91/Riverside Freeway, and a maximum of 350 feet deep); (b) most of the proposed lots the RS-5000 zone with the sq.ft.; and are larger than required by average size being 7,400 (c) most of the lots conform to the required setback from the freeway and there are special conditions for those that do not. 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 an RS-5000(SC) zoned single-family residential subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) Section 18.04.020.023 Required setback for lots adjacent to a freeway. {minimum 150-foot deep lots, as measured from the freeway right- of-way, required for residential lots siding or rearing onto freeway rights-of-way; 23 to 146 feet proposed for ten lots) (b) Sections 18.27.061.020 and 18.27.061.021 Minimum building site width. (50 feet required, with 45 feet permitted for cul-de-sac lots when measured at the building setback; nine 20 to 48-foot wide lots proposed and two lots fronting on a private drive proposed) That said variance be granted subject to the following conditions: 1. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street(s). 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. 2. That if tilt-up garage doors are proposed, said tilt-up doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 3. That prior to final tract map approval or prior to issuance of a building permit, whichever occurs first, the developer shall prepare and pay for a traffic signal design study at either Finch Street and Riverdale Avenue, or Redrock Street and Riverdale Avenue. Further, the applicant shall pay a fair share of the cost of that signal at the approved location, as determined by -2- the Traffic and Transportation Manager. 4. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense. hydrants the Fire That prior to commencement of structural framing, fire shall be installed and charged as required and approved by Department. 6. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. Said information shall be specified on plans submitted for building permits. 7. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department for Lot Nos. 18, 19, 20, 36 and 37 (i.e., flag lots and lots with narrow frontages on a private drive). Said information shall be shown on plans submitted for building permits. 8. That emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Said information shall be shown on plans submitted for building permits. 9. That an all-weather access road, as approved by the Fire Department, shall be provided during construction. 10. That the fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structures and available fire flow. 11. That water system looping to Addington Street shall be required. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent public rights-of-way. Said information shall be specifically shown on the plans submitted for building permits. 13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. -3- 14. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 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. 15. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 99-00-09, now pending. 16. That prior to issuance of a building permit, a sound wall shall be constructed adjacent to the freeway. Said wall shall be constructed of decorative block, shall be set back approximately ten (10) feet from the CalTrans right-of-way to provide maintenance accessibility and shall be planted with vines on maximum five (5) foot centers to eliminate graffiti opportunities. It shall be the responsibility of the developer and subsequently the Home Owner's Association to maintain the wall, the landscaping the irrigation facilities. 17. That 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 Exhibit Nos. 1, 2 and 3, 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. 1, 2, 3, 6, 7, 8, 12, 13, 14, 15 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 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. 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 -4- 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 15th day of February, 2000. MAYOR OF TH~NAHEIM ATTEST: CI ~ ~OF THE CITY OF ANAHEIM 34699.1 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. 2000R-34 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of February, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken NOES: MAYOR/COUNCIL MEMBERS: Tait, Daly ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-34 on the 15th day of February, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of February, 2000. (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-34 was duly passed and adopted by the City Council of the City of Anaheim on February 15th, 2000. ~F THE CITY OF ANAHEIM