91-166 RESOLUTION NO. qlp-16~
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4126.
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 covering the following
described property:
THAT PORTION OF LOT 37 OF ANAHEIM EXTENSION, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGES
629 AND 630, OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF WEST
STREET, 1337.21 FEET SOUTHERLY MEASURED ALONG
SAID CENTER LINE FROM ITS INTERSECTION WITH THE
NORTH LINE OF SECTION 9, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, S.B.B. & M., AS SAID STREET AND
SECTION LINE IS SHOWN ON A MAP OF A PORTION OF
SAID SECTION MADE FOR F. W. FLEISCHMANN, FILED
IN BOOK 1 PAGE 56 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE CONTINUING SOUTHERLY ALONG THE
CENTER LINE OF SAID WEST STREET, AS SHOWN ON
SAID RECORD OF SURVEY, 83 FEET; THENCE
SOUTHWESTERLY TO A POINT WHICH IS 591.43 FEET
SOUTHWESTERLY FROM THE CENTER LINE OF SAID WEST
STREET MEASURED ALONG THE SOUTH LINE OF LOT 4
AND THE EXTENSION THEREOF AS SHOWN ON SAID
FLEISCHMANN SURVEY AND 749.26 FEET NORTH
MEASURED PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTION
9; THENCE NORTH PARALLEL WITH SAID EAST LINE OF
THE WEST HALF OF THE NORTHWEST QUARTER OF SAID
SECTION NINE 81.97 FEET; THENCE NORTHEASTERLY
TO THE POINT OF BEGINNING; and
WHEREAS, the Planning Commission failed to act upon said
application due to a tie vote; and
WHEREAS, thereafter, within the time prescribed by law,
the City Council caused the review of said application 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
VAR #4126
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 3-lot, RS-10,000, subdivision on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION 18.01.030 - Required lot frontage.
(All lots to abut a public
right-of-way required; 2 lots
not abutting a public right-of-
way proposed.)
SECTION 18.25.061.010 - Minimum lot area.
(10,000 square foot net lot area
required; 6,762 and 7,550 square
foot net lot areas proposed.)
SECTION 18.25.061.020 - Minimum lot width.
(90 feet required; 82 feet
existing and proposed
That said variance be granted subject to the following conditions:
1. That a parcel 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 shall be installed along West Street 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 parcels shall be addressed from West Street.
4. That the 20-foot wide private street shall be developed
in accordance with Public Works Engineering Standard
Detail No. 122.
5. That vehicular access to all parcels shall be from the
20-foot wide private street.
6. That plans shall be submitted to and approved by the City
Traffic Engineer indicating how the vehicular security
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VAR #4126
gates and vehicle turn-around area will function.
7. That water meters for all three parcels shall be located
along West Street.
8. That a fee for street lighting purposes shall be paid to
the City of Anaheim based on the length of street
frontage along West Street in an amount as established by
city Council resolution.
9. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
10. That storage areas for two containers 38 inches long and
33 inches wide shall be stored and placed out of public
view for each lot as required by the Department of
Maintenance.
11. That trash pick-up for solid waste from West Street as
required by the Department of Maintenance.
12. That the private sewers system serving each lot be placed
in the private street as required by the Department of
Maintenance.
13. That the approval of Tentative Parcel Map No. 91-173 is
granted subject to the approval of Variance No. 4126.
14. That precise plans shall be submitted by the Planning
Commission as a report and recommendation item prior to
issuance of building permits.
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. 1.
16. 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, 6, 8, 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.
17. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 7, 10, 11, 12, and 15, above-
mentioned, shall be complied with.
18. That approval of this application constitutes approval of
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VAR #4126
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 4th day of June, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34V4126.12
060791
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VAR #4126
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. 91R-166 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 4th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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. 91R-166 on the 5th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of June, 1991.
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. 91R-166, duly passed and
adopted by the City Council of the City of Anaheim on June 4, 1991.
CITY CLERK OF THE CITY OF ANAHEIM