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90-369 RESOLUTION NO. 90R-369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4042. 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. 4042 was granted, in part, covering the following described property: THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE SAID EAST 18.35 ACRES 151.00 FEET WESTERLY OF THE NORTHEASTERLY CORNER THEREOF; THENCE WESTERLY 90.00 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHERLY 245.30 FEET ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID EAST 18.35 ACRES, TO THE NORTHERLY LINE OF THE SOUTHERLY 15.00 ACRES OF SAID EASTERLY 18.35 ACRES; THENCE EASTERLY 90.00 FEET ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 15.00 ACRES TO A POINT 151.00 FEET WESTERLY, MEASURED PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES, FROM THE SAID EASTERLY LINE OF THE EAST 18.35 ACRES; THENCE NORTHERLY 244.79 FEET ALONG A LINE PARALLEL WITH SAID EASTERLY LINE TO THE POINT OF BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID EASTERLY 18.35 ACRES AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF SAID EASTERLY 18.35 ACRES; THENCE WESTERLY 18.00 FEET ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE VAR 4042 WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT OF BEGINNING. PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE SOUTHERLY 29.0 FEET ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF THE 18.35 ACRES. THENCE EASTERLY 18.0 FBBT ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE OF SAID 18.35; THENCE NORTHERLY 29.0 FEET PARALLEL WITH THE EASTERLY LINE OF SAID 18.35 ACRES TO THE POINT BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EASTERLY 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF THE SOUTH 15 ACRES OF SAID EAST 18.35 ACRES, THE NORTHERLY LINE OF SAID SOUTH 15 ACRES BEING PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT OF BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EASTERLY 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF THE SOUTH 15 ACRES OF SAID EAST 18.35 ACRES, THE NORTHERLY LINE OF SAID SOUTH 15 SOUTH BEING PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT OF BEGINNING. BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY QUARTER SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF -2- VAR 4042 SAID EASTERLY 18.35 ACRES; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES, 18.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF THE 18.35 ACRES, 29.0 FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SAID NORTHERLY LINE OF SAID 18.35 ACRES, 18.0 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF OF SAID 18.35 ACRES, 29.0 FEET TO THE POINT OF BEGINNING. THE EAST 85 FEET OF THE WEST 226 FEET OF THE FOLLOWING DESCRIBED PARCEL: ALL OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA; THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M. SAN BERNARDINO BASE AND MERIDIAN, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 226 FEET EAST OF THE NORTHWEST CORNER OF SAID 18.35 ACRES, AND RUNNING THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID 18.35 ACRES TO THE NORTH LINE OF THE SOUTH 15 ACRES OF THE EAST 18.35 ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE EAST ALONG THE NORTH LINE OF THE SAID SOUTH 15 ACRES TO THE SOUTHWESTERLY CORNER OF THE OF LAND CONVEYED TO CHARLES S. COX AND WIFE, RECORDED JANUARY 23, 1957, IN BOOK 3778, PAGE 450, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO CHARLES S. COX AND WIFE, 245.30 FEET TO THE NORTHERLY LINE OF SAID EAST 18.35 ACRES; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF THE SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF ANAHEIM, AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF SAID EASTERLY 18.35 ACRES; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES, 18.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF THE 18.35 ACRES, 29.00 FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SAID NORTHERLY LINE OF SAID 18.35 ACRES, 18.0 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID 18.35 ACRES, 29.0 FEET TO THE POINT OF BEGINNING. -3- VAR 4042 THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES BEING THE CENTER LINE OF ORANGE AVENUE; 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 permitting a iS-unit residential subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.01.150 Requirement that all lots have frontage on a public street. (8 lots abut only the private street) SECTION 18.27.061.010 Minimum lot size. (S,013 sq. ft. required; average S,000 sq. ft. proposed, ranging in size from 4,050 to 7,4S5 sq.ft.) SECTION 18.27.061.020 - Minimum lot width. (SO feet required; 4S feet proposed for 7 lots---~Y---- -- SECTION 18.27.065.010 Requirement that single-family residential structures rear onto arterial highways. (! lot sides onto Orange Avenue, a commuter arterial highway) That said variance be granted subject to the following conditions: 1. That a tract map to record the division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 2. That sidewalks, curbs, gutters and paving shall be installed along Orange Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That all private streets shall be developed in accordance with the Engineering Standard Detail No. 122 for private -4- VAR 4042 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 shall be included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project.) 4. That the grading and drainage of subject property shall conform to Chapter 17.04 "Grading, Excavations, Fills and Water Courses" of the Anaheim Municipal Code. 5. 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 established by City Council resolution. 6. 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. 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 prior to issuance of a building permit. 7. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. An all-weather road shall be provided to the hydrant at all times as required by the Fire Department. 8. That fire sprinklers shall be installed as required by the Fire Department. 9. That prior to issuance of a building permit, the appropriate fees due for primary and secondary water mains, and fire protection service shall be paid to the Water Engineering Division in accordance with Rules iSA and 20 of the Water Utility Rates, Rules and Regulations. 10. That existing utility easements shall be abandoned as required by the Water Engineering Division. 11. That a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage along Velare Street in an amount as established by City Council resolution. 12. That street lighting facilities along Orange Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or 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 -5- VAR 4042 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 issuance of a building permit. The above-required improvements shall be installed prior to occupancy. That subject property shall be served by underground utilities. 14. That a fee for street tree purposes shall be paid to the City of Anaheim based on the lengths of street frontage along Orange Avenue and Velare Street in an amount as established by City Council resolution. 15. That all existing driveways on Orange Avenue and Velare Street shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 16. That the existing water well on subject property shall be abandoned to the satisfaction of the Water Engineering Division. 17. That prior to any occupancy, temporary street name signs for any new private street shall be installed if permanent street name signs have not been installed. 18. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown. The parking spaces in tandem to the garage shall have minimum dimensions of sixteen (16) feet wide and twenty feet (20) long with the specific driveway configurations being reviewed and approved by the Planning Department and City Traffic Engineer. 19. That any lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required by the City Fire Department. 20. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 21. That this Variance is granted subject to the adoption of a zoning ordinance to the RS-S000 Zone in connection with Reclassification No. 89-90-49, now pending. 22. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land thirty two (32) feet in width from the centerline of the street along Orange Avenue for street widening purposes. -6- VAR 4042 23. 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 Revision No. 2 of Exhibit No. 1 and Revision No. 1 of Exhibit Nos. 2 through 5; provided, however, that dwelling units containing more than three (3) bedrooms shall be permitted only on Lot Nos. 6, 8 and 9, in accordance with the RS-S000 Zone standards. 24. 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, 3, 4, 5, 6, 9, 10, 11, 12, 14, 16, 18, 20, 21, and 22, 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. 25. That prior to final building and zoning inspections, Condition Nos. 2, 3, 8, 11, 12, 13, 15, 17, 19, 23 and 28, above-mentioned, shall be complied with. 26. 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. 27. That in connection with the submittal of a tentative tract map to subdivide subject property, the following plans shall be submitted to the Planning Commission for review and approval: (a) Specific house plans, including floor plans and elevations; and (b) Specific tree plan for the entire site showing the existing trees which will be retained and the proposed replacement trees. Said tree plan shall include the tree species, number of trees, spacing and sizes of both the existing trees and the replacement trees. 28. That the developer shall pay for any traffic control devices for the project, as required by the City Traffic Engineer. 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. -7- VAR 4042 THE FOREGOING RESOLUTION is approved and adopted by the City Council o£ the City o£ Anaheim this 25th day of September, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3916L 100990 -8- VAR 4042 STATE OF CALIFO~IA ) CO~TY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ Mat the foregoing Resolution No. 90R-369 was introduced and adopted at a regular meeting provided by law, of Me Ci~ Council of Me City of Anaheim held on the 25th day of September, 1990, by the following vote of Me members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I ~RTHER certify that the Mayor of ~e City of Anaheim signed said Resolution No. 90R-369 on the 17M day of October, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Me seal of Me City of Anaheim Mis 17th day of October, 1990. 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. 90R-369, duly passed and adopted by the Anaheim City Council on September 25, 1990. CITY CLERK OF THE CITY OF ANAHEIM