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96-035 RESOLUTION NO. 96R-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING V~RIANCE NO. 4286. WHEREAS, after a request for variance to permit a 3-lot single-family residential subdivision 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. 4286 was denied covering the following described property: PARCEL A: PARCEL 1. That portion of Vineyard Lot A-7 of Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 4, Pages 629 and 630 of Deeds, in the office of the County Recorder of said Los Angeles County, California, described as follows: Beginning at a point on the Westerly line of said Lot A-7 distant Southerly 133.00 feet from the Northwest corner of said lot; thence Easterly 243.62 feet parallel with the Northerly line of said lot to the Westerly line of that certain parcel of land conveyed to H.S. Wagers and wife by deed recorded April 19, 1940, in Book 1044, Page 91, of Official Records of said Orange County; thence Southerly 60.20 feet along the Westerly line of said land conveyed to Wagers to the Southerly line of the land described in decree of distribution recorded March 4, 1940 in Book 1031, Page 479, of Official Records of said Orange County; thence Westerly 243.62 feet parallel with the Northerly line of said Lot A-7, to the Westerly line of said lot; thence Northerly 60.20 feet along said Westerly line to the point of beginning. PARCEL 2. A right of way for pipe line together with the right to repair and maintain the same over a strip of land 3.00 feet in width over a portion of Vineyard Lot A-7 of Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 4, Pages 629 and 630 of Deeds, in the office of the County Recorder of said Los Angeles County, California, the East line of which is described as follows: Beginning at the Northeast corner of the land described in Parcel 1 herein; thence Northerly along the Northerly extension of the Easterly line of said land of the Northerly line of said Lot A-7. PARCEL B. The Westerly 222 feet of the Northerly 150 feet of the Southerly 599.3 feet of Vineyard Lot A-7, as shown on a map recorded in Book 4, Pages 629 and 630, Deeds, records of Los Angeles County, California. 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 3-lot single-family residential subdivision, on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) Sections 18.12.060.060 Minimum lot size. and 18.25.061.010 (10.000 sq.ft. required; 6,180 and 8,437 sq.ft. proposed for two lots [31,240 sq.ft. for third lot]) (b) Sections 18.12.060.080 Minimum lot width. and 18.25.061.020 (90 feet required; 20 and 60 feet proposed for two lots [130 feet for third lot]) That said variance be granted subject to the following conditions: 2 1. That prior to issuance of a building permit, the developer shall pay the City of Anaheim sewer connection fee (currently $350/acre - City Council Resolution No. 63R-1). In addition, the developer shall pay the City of Anaheim sewer mitigation fee (currently $1,270/unit). 2. That sidewalks shall be installed along West Street, in accordance with City Standard No. 110, within 90 days of final parcel map recordation. 3. That prior to issuance of a building permit, the developer shall submit a water quality management plan (WQMP) specifically identifying best management practices that will be used on site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 4. That prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos.1 and 3, 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. 5. 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. 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 applicants 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 12th day of March, 1996. CITY CLERK OF ThE CITY OF ANAHEIM 0018310.01 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. 96R-35 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of March, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-35 on the 12th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of March, 1996. 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. 96R-35 was duly passed and adopted by the City Council of the City of Anaheim on March 12th, 1996. CITY CLERK OF THE CITY OF ANAHEIM