1982-167
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RESOLUTION NO. 82R-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3254.
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WHEREAS, after a request for variance by WEST SHORES
DEVELOPMENT, INC., owner; PAUL EHLINE, agent, 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. 3254 was granted covering the following described
property:
LOT 1 OF TRACT 8560, AS PER MAP THEREOF RECORDED IN
BOOK 412, PAGES 32 TO 35 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE RECORDER OF ORANGE 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:
l. That there are special circumstances applicable to the
property, including size, shape, topography, location or surround-
ings, 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 privi-
leges enjoyed by other property under identical zoning classification
in the vicinity.
NOW, THEREOFRE, 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 creation of a two-lot subdivision on
this property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.23.061.010
Minimum lot area.
(22,000 gross and 19,000
net sq. ft. required; 21,475
gross and 14,020 net sq. ft.
proposed)
That said variance be granted subject to the following conditions:
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1.
That subject property shall be served by underground utilities.
2. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
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3. In the event that subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map, to record
the approved 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.
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4. That the owner of subject property shall pay to the City
of Anaheim the appropriate park and recreation in-lieu fees as deter-
mined to be appropriate by the City Council, said fees to be paid
at the time the building permit is issued.
5. That the owner of subject property shall pay appropriate
drainage assessment fees to the City of Anaheim as determined by
the City Engineer prior to issuance of a building permit.
6. That the owner of subject property shall pay the traffic
signal assessment fee (Ordinance No. 3896) in an amount as determined
by the City Council, for each new dwelling unit prior to the issu-
ance of a building permit.
7. That all engineering requirements of the City of Anaheim
along Mohler Drive including preparation of improvement plans and
installation of all improvements such as curbs and gutters, eques-
trian trail and bridge, street grading and paving, drainage facili-
ties or other appurtenant work, shall be complied with as required
by the City Engineer and in accordance with specifications on file
in the Office of the City Engineer; that street lighting facilities
along Mohler Drive shall be installed as required by the Office of
Utilities General Manager, and in accordance with specifications on
file in the Office of Utilities General Manager; and/or that 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 installation of the above-mentioned require-
ments prior to occupancy.
8. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 3.
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9. That Condition No.7, above-mentioned, shall be complied
with prior to the commencement of the acitivity authorized under
this resolution, or prior to the time that the building permit is
issued, or within a period of one year from date hereof, whichever
occurs first, or such further time as the Planning Commission may
grant.
10. That Condition Nos. 1, 2, 3 and 12 shall be complied with
prior to final building and zoning inspections.
1l. That appropriate water assessment fees as determined by
the Office of Utilities General Manager shall be paid to the City
of Anaheim prior to the issuance of a building permit.
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12. That owner shall construct, at his sole expense, a fence
along the east side of the most southerly lot to end Where said lot
line terminates.
l3. That owner shall construct, at his sole expense, an eques-
trian trail on the entire westerly property line along Mohler Drive
- toward Santa Ana Canyon Road including a bridge over the drainage
ditch easement.
14. That the footprint of the house on the southerly lot shall
be no closer to the easterly boundary than 15 feet.
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 unen-
forceable by the final judgment of any court of competent jurisdic-
tion, 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 30th day of March, 1982.
ATTEST:
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. ..y ILERK OF TIm CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, LINDA D. ROBERTS, City Clerk of the City of Anah~im, do hereby certify that
the foregoing Resolution No. 82R-167 was introduced and adopted at a regular
meet~ provided bylaw, of the City Council of the City of Anaheim held on
the lDth day of March, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
AND I FUR.THER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 82R-167 on the 30th day of March, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of March, 1982.
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CITY CL~RK OF THE CITY ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the fore&oing is the original of Resolution No. 82R-167 duly passed and
adopted by the Anaheim City Council on March 30, 1982.
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