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92-209 RESOLUTION NO. 92R-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4181. WHEREAS, after a request for variance to permit a 31 residential lot plus Lot "A" (private street) RS-7200(SC) zone single-family residential subdivision (previously 40-lot 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. 4181 was denied covering the following described property: PARCEL 1 OF PARCEL MAP 89-382 AS FILED IN BOOK 258, PAGE 31 OF PARCEL MAPS 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. 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 a 31 residential lot plus Lot "A" (private street) RS-7200(SC) zoned single-family residential subdivision (previously 40-lot subdivision) on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.01.130 - Required lot frontage. (Lots required to front on a public riqht-of-way; lots proposed to front on private streets) SECTION 18.27.065.010 Required location and orientation of buildinqs. (dwellings required to rear onto arterial highways; 2 lots proposed to side onto Santa Ana Canyon Road) That said variance be granted subject to the following conditions: That said variance be granted subject to the following conditions: 1. That an on-site trash truck turn around area shall be provided in conformance with Engineering Standard Detail No. 610 and as required by the Department of Maintenance, and shall be shown on plan submitted for building permits. 2. That a trash storage area for two (2) containers shall be provided and maintained out of public view. 3. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 0053 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 4. 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. 3 of Exhibit No.1, Exhibit Nos. 2 through 16, and Revision No. 3 of Exhibit No. 17. 5. 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 No. 1, 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. 6. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shall be complied with. 7. That approval of this application constitutes approval of the proposed requires 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. - 2 - THE FOREGOING RESOLUTION is approved and adopted by the city Council of the City of Anaheim this 29th day of September, 1992. MAYOr Of THE CITY OF ANAHEI~ ATTEST: CITY CLERK OF THE Ct OF ANAHEIM JLW:lm 100692 RVAR4181.12 - 3 - 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. 92R-209 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29th day of September, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-209 on the 30th day of September, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of September, 1992. CITY /~1~' (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-209 was duly passed and adopted by the City Council of the City ,of Anaheim on September 29, 1992. CITY CI-ERK OF THE CITY OF ANAHEIM