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90-280 RESOLUTION NO. 90R-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4051. WHEREAS, after a request for variance by Pierco Development, 14771 Plaza Drive, Suite A, Tustin, CA 92680, was received, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 4051 was granted covering the following described property: The Northerly 140 feet of the following: Beginning at the Northeast corner of Lot 11 of the "Miles Rancho", in the City of Anaheim, as shown on a Map recorded in Book 4, Page 7 of Miscellaneous Maps, records of Orange County, California, thence South along the East line of said Lot 11, 652.8 feet; thence West parallel to the North line of said Lot 11, 106 feet; thence North parallel to said East line 652.8 feet to a point on the said North line, thence East along said North line 106 feet to the point of beginning; 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 Zoning Administrator 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, BB 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 4-1or RM-1200 (Residential, Multiple-Family) Zone subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.54.061.020 - Minimum building site width. ~ (70 feet required; 56.5 feet proposed) SECTION 18.54.065.022 - Minimum sideyard setback. (12 feet required; ~ 10 feet proposed) Variance 4051 That said variance be granted subject to the following conditions: 1. That sidewalks shall be installed along Romneya Drive as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That the legal owner(s) of subject property shall record unsubordinated covenant(s) granting perpetual easements as follow: (a) Access easements for mutual ingress and egress between Parcel Nos. 1 and 2, and between Parcel Nos. 3 and 4; and (b) Covenant agreeing that no fences, walls or other partitions shall be constructed between Parcel Nos. 2 and 5 in a manner which reduces the amount of usable recreational open space to less than the minimum required by the Zoning Code for the RM-1200 Zone. The access easements shall be designed in a manner satisfactory to the City Traffic Engineer. Said covenants shall be submitted to the City Attorney's Office for review and approval prior to recordation in the Office of the Orange County Recorder. A copy of the recorded covenants shall be submitted to the Zoning Division. 3. That street lighting facilities along Romneya Drive 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 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. 4. That prior to rendering of water service, the appropriate fees due for primary water mains shall be paid to the Water Engineering Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 5. That separate water fire service will be provided for each parcel. 6. That the legal owner of subject property shall dedicate to the City of Anaheim a five [S) foot wide easement along the southerly property line of subject property for public utility purposes. 7. That all parcels within subject subdivision authorized by this resolution shall be served by underground utilities. -2- Variance 4051 8. That storage areas for recyclable trash shall be out of the public's view. 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 established by City Council resolution. 10. That gates shall not be installed across any driveway. 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. 11. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 456 and 601 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 12. That all driveways on Romneya shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 157. 15. That both spaces in each pair of tandem parking spaces shall be assigned to the same dwelling unit. 14. That guest parking shall be clearly marked "guest parking only" and shall be readily accessible to motorists from contiguous streets. 15. 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 No. 2. 16. That the final parcel map shall be in substantial accordance with the tentative parcel map submitted to the City of Anaheim by the petitioner and which map is on file with the Planning Department marked Exhibit No. 1. 17. That prior to recordation of a final parcel map, or contiguous with the recordation of a parcel map, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 2, 6 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. 18. That prior to issuance of a building permit or within a period of one year from the date of this decision, whichever occurs first, Condition Nos. $ and 9, 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. -3- Variance 4051 19. That the owner of the subject property shall (i) record an unsubordinated covenant relating to the minimum acceptable level of maintenance of the subject property in a form approved by the Planning Director and City Attorney, and (ii) maintain the property, and all portions thereof, in accordance with the requirements of said covenant. 20. That prior to final building and zoning inspections, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 10 through 15, and 19 above-mentioned, shall be complied with. 21. 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 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 24th day of July, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 382SL 080690 -4- Variance 4051 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. 90R-280 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of July, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-280 on the 25th day of July, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of July, 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-280, duly passed and adopted by the Anaheim City Council on July 24, 1990. CITY CLERK OF THE CITY OF ANAHEIM