94-277CORRECTED
RESOLUTION NO. 94R- 277
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4265.
WHEREAS, after a request for variance to permit 20-lot
RS-5000 "Residential, Single Family" Zone 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. 4265 was granted covering the following
described property:
PARCEL 1: A STRIP OF LAND IN THE SOUTHEAST CORNER
OF THE SOUTH 14.46 ACRES OF THE NORTH 29.14 ACRES
OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 4 ~SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED BY THE FOLLOWING BOUNDARY LINES:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND AND
EXTENDING WEST 48.00 FEET; THENCE NORTH 147.00
FEET; THENCE EAST 48.00 FEET; THENCE SOUTH 147.00
FEET TO THE POINT OF BEGINNING.
PARCEL 2: THE NORTHERLY 95.00 FEET OF THAT
PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER
OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
952.6 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER
OF THAT CERTAIN 14.46 ACRE PARCEL OF LAND CONVEYED
TO LUCY FRANCES BALL BY DEED RECORDED IN BOOK 32,
PAGE 68 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THENCE
EAST ALONG THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 780.66 FEET TO THE TRUE POINT
OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 20 A DISTANCE OF 250.00 FEET;
THENCE EAST PARALLEL TO THE SOUTH LINE OF THE SAID
14.46 ACRE PARCEL A DISTANCE OF 550.94 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTH
ALONG SAID EAST LINE 103.00 FEET; THENCE WEST
PARALLEL TO THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 48.00 FEET; THENCE SOUTH
CORRECTED
PARALLEL TO THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
147.00 FEET TO A POINT ON THE SOUTH LINE OF SAID
14.46 ACRE PARCEL; THENCE WEST ALONG SAID SOUTH
LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 3: THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH;
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
952.6 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER
OF THAT CERTAIN 14.46 ACRE PARCEL OF LAND CONVEYED
TO LUCY FRANCES BALL BY DEED RECORDED IN BOOK 32,
PAGE 68 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THENCE
EAST ALONG THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 780.66 FEET TO THE TRUE POINT
OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 20 A DISTANCE OF 250.00 FEET; THENCE
EAST PARALLEL TO THE SOUTH LINE OF THE SAID 14.46
ACRE PARCEL A DISTANCE OF 550.94 FEET TO A POINT
ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 20; THENCE SOUTH ALONG
SAID EAST LINE 103.00 FEET; THENCE WEST PARALLEL
TO THE SOUTH LINE OF SAID 14.46 ACRE PARCEL A
DISTANCE OF 48.00 FEET; THENCE SOUTH PARALLEL TO
THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 20 A DISTANCE OF 147.00
FEET TO A POINT ON THE SOUTH LINE OF SAID 14.46
ACRE PARCEL; THENCE WEST ALONG SAID SOUTH LINE TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THE NORTHERLY 95.00 FEET THEREOF; 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 -
CORRECTED
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 20-lot RS-5000
"Residential, Single Family" Zone subdivision on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
(a) Section 18.01.130 - Required lot frontaqe on a public
street.
(All lots required to abut a public
street;
18 lots proposed to abut a private
street)
(b) Section 18.27.061.021- Minimum buildinq site width.
(45 feet required for cul-de-sac
lots, measured
at the minimum building setback;
29 feet and 37 feet proposed for 4
lots)
(c) Section 18.27.062.030- Maximum lot coverage.
(35% permitted; 37% proposed for 2
lots)
(d) Section 18.27.062.031- Required open space.
(Minimum 5.850 sq.ft. lot size
required
for 4-bedroom homes; 5,009 to 5,059
sq.ft.
proposed for 14 lots)
That said variance be granted subject to the following
conditions:
1. That the appropriate fees due for primary water mains and
secondary water mains shall be paid to the Water Engineering
Division, in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
2. That trash storage areas shall be provided and maintained in
a location acceptable to the Department of Maintenance and
in accordance with approved plans on file with said
Department. Such information shall be specifically shown
on the plans submitted for building permits.
3. 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
3 -
*CORRECTED
file with the Planning Department marked Exhibit Nos. 1
through 3.
4. That prior to final tract map approval, an unsubordinated
convenant in a form satisfactory to the City Attorney shall
be recorded with the office of the Orange County Recorder
giving notice of Condition No. 3 of City Council Resolution
No. 94R-277 dated December 6, 1994 approving Variance No.
4265 requiring that the subject property be developed
substantially in accordance with plans and specifications
marked Exhibit Nos. 1 and 2 on file with the Planning
Department.
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 Nos. 1 and 2,
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. 3, above-mentioned, shall be complied with.
7. 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 6th day of December,
1994.
ATTES~ ~
CITY CLERK OF THE CITY OF ANAHEIM
9865.1\JWHITE\January 12, 1995 -- 4 -
*Adds condition 4. which was added at the City Council Mtg. of 12/6/94.
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. 94R-277 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 6th day of December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feidhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCil.: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-277 on
the 6th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 6th day of December, 1994.
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. 94R-277 was duly passed and adopted by the City Council of the City of Anaheim on
December 6, 1994.
~.~c.~_~L. ~' L. .
CITY CLERK OF THE CITY OF ANAHEIM
RESOLUTION NO. 94R-277
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4265.
WHEREAS, after a request for variance to permit 20-lot
RS-5000 "Residential, Single Family" Zone 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. 4265 was'granted covering the following
described property:
PARCEL 1: A STRIP OF LAND IN THE SOUTHEAST CORNER
OF THE SOUTH 14.46 ACRES OF THE NORTH 29.14 ACRES
OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED BY THE FOLLOWING BOUNDARY LINES:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND AND
EXTENDING WEST 48.00 FEET; THENCE NORTH 147.00
FEET; THENCE EAST 48.00 FEET; THENCE SOUTH 147.00
FEET TO THE POINT OF BEGINNING.
PARCEL 2: THE NORTHERLY 95.00 FEET OF THAT
PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER
OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
952.6 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER
OF THAT CERTAIN 14.46 ACRE PARCEL OF LAND CONVEYED
TO LUCY FRANCES BALL BY DEED RECORDED IN BOOK 32,
PAGE 68 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THENCE
EAST ALONG THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 780.66 FEET TO THE TRUE POINT
OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 20 A DISTANCE OF 250.00 FEET;
THENCE EAST PARALLEL TO THE SOUTH LINE OF THE SAID
14.46 ACRE PARCEL A DISTANCE OF 550.94 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTH
ALONG SAID EAST LINE 103.00 FEET; THENCE WEST
PARALLEL TO THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 48.00 FEET; THENCE SOUTH
PARALLEL TO THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
147.00 FEET TO A POINT ON THE SOUTH LINE OF SAID
14.46 ACRE PARCEL; THENCE WEST ALONG SAID SOUTH
LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 3: THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH;
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF
952.6 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER
OF THAT CERTAIN 14.46 ACRE PARCEL OF LAND CONVEYED
TO LUCY FRANCES BALL BY DEED RECORDED IN BOOK 32,
PAGE 68 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THENCE
EAST ALONG THE SOUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 780.66 FEET TO THE TRUE POINT
OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 20 A DISTANCE OF 250.00 FEET; THENCE
EAST PARALLEL TO THE SOUTH LINE OF THE SAID 14.46
ACRE PARCEL A DISTANCE OF 550.94 FEET TO A POINT
ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 20; THENCE SOUTH ALONG
SAID EAST LINE 103.00 FEET; THENCE WEST PARALLEL
TO THE SOUTH LINE OF SAID 14.46 ACRE PARCEL A
DISTANCE OF 48.00 FEET; THENCE SOUTH PARALLEL TO
THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 20 A DISTANCE OF 147.00
FEET TO A POINT ON THE SOUTH LINE OF SAID 14.46
ACRE PARCEL; THENCE WEST ALONG SAID SOUTH LINE TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THE NORTHERLY 95.00 FEET THEREOF; 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.
- 2 -
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 20-lot RS-5000
"Residential, Single Family" Zone subdivision on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
(a) Section 18.01.130 - Required lot frontaqe on a public
street.
(All lots required to abut a Dublic
street;
18 lots proposed to abut a private
street)
(b) Section 18.27.061.021- Minimum building site width.
(45 feet required for cul-de-sac
lots, measured
at the minimum building setback;
29 feet and 37 feet proposed for 4
lots)
(c) Section 18.27.062.030- Maximum lot coveraqe.
(35% permitted; 37% proposed for 2
lots)
(d) Section 18.27.062.031- Required oDen sDace.
(Minimum 5,850 so.ft. lot size
required
for 4-bedroom homes; 5,009 to 5,059
sq.ft.
proposed for 14 lots)
That said variance be granted subject to the following
conditions:
1. That the appropriate fees due for primary water mains and
secondary water mains shall be paid to the Water Engineering
Division, in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
2. That trash storage areas shall be provided and maintained in
a location acceptable to the Department of Maintenance and
in accordance with approved plans on file with said
Department. Such information shall be specifically shown
on the plans submitted for building permits.
3. 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 Nos. 1
through 3.
4. 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 and 2,
above-mentioned, shall be complied with. Extensions for
3
further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal
Code.
5. That prior to final building and zoning inspections,
Condition No. 3, above-mentioned, shall be complied with.
6. 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 6th day of December,
1994.
MAYOR OF THE CITY OF AN~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
9865.1\JWHITE\December 12, 1994 -- 4 --
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. 94R-277 was introduced and adopted at a ~egular meeting provided by law, of the Anaheim City Council
held on the 6th day of December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-277 on
the 6th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 6th day of December, 1994.
.--
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. 94R-277 was duly passed and adopted by the City Council of the City of Anaheim on
December 6, 1994.
CITY CLERK OF THE CITY OF ANAHEIM