Resolution-PC 2000-46•
RESOLUTION NO. PC2000-46
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4394 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
THAT PORTION OF LOTS 13 AND 16 OF TRACT NO. 117 AS SHOWN ON A
MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 16,
DISTANT THEREON SOUTH 21 DEGREES 54' 10" WEST, 174.22 FEET FROM
THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 67
DEGREES 35' 00" EAST, 308.12 FEET TO THE SOUTHWESTERLY CORNER
OF THE LAND DESCRIBED IN PARCEL 3 OF DEED TO LEO GRANT
DETERDING AND WIFE, RECORD~D AUGUST 2, 1957 IN BOOK 3994, PAGE
338 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG
THE SOUTHERLY LIN~ OF SAID LAND SOUTH 876 DEGREES 28' 25" EAST,
34.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN PARCEL 1 OF DEED TO MARGARET M. DETERDING
RECORDED NOVEMBER 8, 1965 IN BOOK 7733, PAGE 429 OF SAID
OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF
SAID LAST MENTIONED LAND SOUTH 28 DEGREES 29' 03" EAST TO THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED
TO HAROLD H. SWIFT AND WIFE, RECORDED MAY 2, 1950 IN BOOK 2006,
PAGE 447 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE SOUTH 52 DEGREES 55' 00" WEST, 30.34 FEET
AND SOUTH 71 DEGREES 42' 00" WEST, 379.06 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT 13; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 25 DEGREES 56' 00" WEST 41.91 FEET TO
THE MOST SOUTHERLY COFtNER OF SAID LOT 16; THENCE ALONG THE
SOUTHWESTERLY LINE OF ~AID LOT 16 NORTH 40 DEGREES 05' 00"
WEST, 135.44 FEET TO AN ANGLE POINT THEREIN AND NORTH 73
DEGREES 57' 30" WEST TO 1'HE MOST WESTERLY CORNER OF SAID LOT
16; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF
SAID LOT 16 TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF
THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN
DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 17, 1951 IN
BOOK 2218, PAGE 435 OF OFFICIAL RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 24, 2000, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for amd against said proposed variance and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
Commission meeting of April 10, 2000 in order to advertise the second waiver pertaining to minimum
private street width and improvements; and
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WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the following to establish a 7-lot single-family
residential subdivision:
(a) Sections 18.04.020.020.023 - Minimum lot depth adjacent to a scenic expressway.
and 18.23.060 (150 feet required depth adjacent to Santa Ana Canyon Road;
125 feet proposed for Lot 1)
(b) Sections 17.08.036 - Minimum private street width and improvements.
17.08.390 (20 feet from private street centerline required;
17.08.650 18 feet proposed for Canyon Crest Drive and 16 feet proposed
18.04.080.005 for Saddleback Lane)
18.04.080.080
and 18.23.100
2. That the proposal is located in the RS-HS-22,000(SC) "Residential, Single-Family,
Hillside - Scenic Corridor Overlay" Zone.
3. That waiver (a), minimum lot depth adjacent to a scenic expressway, is hereby granted
on the basis that there are special circumstances applicable to the property consisting of its irregular size,
shape and topography, which do not apply to other identically zoned properties in the area, and that strict
application of the Zoning Code deprives the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity because the average depth of Lot 1 complies with the Code
requirement for minimum lot depth and other residential lots in the vicinity have lot depths of less than
150 feet.
4. That waiver (b), minimum private street width and improvements, is hereby granted on
the basis that adherence to the applicable Engineering standards regarding private streets is impractical
due to the layout of prior recorded subdivisions that were developed when, prior to annexation to the City
of Anaheim, portions of this site were in unihcorporated Orange County.
5. That the requested waivers are necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
6. That the requested waivers will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
7. That three concerned people spoke at the public hearing; and that two letters were
received in favor of the proposal and one letter voicing concerns was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum lot depth adjacent to a scenic
expressway and minimum private street width and improvements to establish a 7-lot single-family
residential subdivision on a 3.8-acre irregularly-shaped property having a frontage of 375 feet on the
south side of Santa Ana Canyon Road and a maximum depth of 530 feet, being located 155 feet east of
the centerline of Martin Place, and further described as 104 Canyon Crest Drive, and that this property
also has frontages of 205 feet on the east side of Canyon Crest Drive (a private street) and 671 feet on
the west side of Saddleback Lane (a private street); and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgement of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
That the devetoper or owner of this property shall submit improvement plans for Public Utilities
Water Engineering review and approval to determine the requirements for providing water service
to the project.
2. That the new private street, Canyon Crest Drive, and Triple Crown Lane between Canyon Crest
Drive and Derby Circle shall be constructed in conformance with Exhibit No. 1, and as approved by
the City Engineer.
3. That approval of Variance No. 4394 i5 granted subject to the approval, finalization and recordation
of Tentative Tract Map No. 16034, as shown on Exhibit No. 1.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
finrenty (20) feet in width for water service mains.
5. That prior to issuance of the first building permit or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 4, 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 approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and nay 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 ap~licable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 RESOLWTION was adopted at the Planning Commission meeting of
April 24, 2000.
~%Cc~rJ Oc.v..~
HAIRP RSON, ANAHEIM CI Y PLANNING COMMISSION
ATTEST:
Q~~ ~~„`,~ ~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 24, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE w I ,
f~,0`~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000. ,
G~~~ `(~1~-'.
SECRETARY, AHEIM CITY PLANNING COMMISSION
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