Resolution-PC 2001-137~
RESOLUTION NO. PC2001-137
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04443 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 LOT 6 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED
IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICER OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THAT
CERTAIN LINE DESIGNATED "EASTERLY LINE OF RIVAS ALLOTMENT:, ON A MAP
FILED IN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ON A
BEARING ON SOUTH 1409.76 FEET FROM THE NORTHEAST CORNER OF SAID
RIVAS ALLOTMENT, AS SHOWN ON SAID MAP; THENCE SOUTH 56 DEG. 30' 00"
EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 56 DEG. 30"00" "EAST 197.08 FEET; THENCE SOUTH 87
DEG. 30' 00" EAST 953.07 FEET TO THE EASTERLY LINE OF LOT 6 OF THE
DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT 6 THE FOLLOWING COURSES: SOUTH 74 DEG. 20' 00" WEST
693.66 FEET, NORTH 65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18'
00" WEST 132.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF
NORTH 81 DEG. 18' 00" WEST 112.35 FEET TO A LINE THAT BEARS SOUTH 6 DEG.
00' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00'
00" WEST 1142.15 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I.
MAAG, RECORDED DECEMBER 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL
RECORDS.
PARCEL 2:
THOSE PORTIONS OF LOTS 4 AND 5 OF DOMINGUEZ ESTATE, AS SHOWN ON A
MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT
NORTH 65 DEG. 03' WEST 102.18 FEET FROM THE NORTHEASTERLY CORNER OF
SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. 06' EAST 464.60 FEET TO A POINT
IN THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA VALLEY ~
IRRIGATfON COMPANY AS DESCRIBED IN DEED RECORDED MARChi 7, 1940, IN
THE BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 74 DEG. 27'
EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 FEET TO AN
ANGLE POINT THEREIN; THENCE SOUTH 15 DEG. 33' EAST 3.00 FEET TO A
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POINT; THENCE NORTH 74 DEG. 27' EAST, CONTINUING ALONG SAID
NORTHWESTERLY RIGHT OF WAY LINE' S07.09 FEET TO A POINT N THE
EASTERLY LIEN OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID
EASTERLY LINE 397.22 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 5;
THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 5; THENCE NORTH 65 DEG. 03' WEST 102.18 FEET TO THE
POINT OF BEGINNING.
AND
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001, 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 and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued
from the meetings of July 30, 2001, and August 13 and 27, 2001; and
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 o.f the. fo.llo.win.g_tQ_e.stablish a 128-uni_t single-family
detached subdivision in the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone:
(a) Section 18.01.130(2) - Required frontage on a street.
(Frontage on a private or public street required;
two lots with frontage on a 25-foot wide private access easement
proposed)
(b) Section 17.06.048.020.0201 - Maximum permitted fence height.
(10 feet hiph permitted for a retaining wall;
23 to 26-foot high combination sound and retaininq wall
proposed [i.e., 12-foot high sound wall on an 11 to 14-foot hiqh
retaining wall along the SR 91/Riverside Freeway])
(c) Section 18.27.062.030.031 - Maximum lot coveraae and open space reauirements.
(Permitted: 35% lot coveraqe,
Proposed: over 35% lot coveraqe proposed for 3 to 5-bedroom
dwellings on lots ranging from 5,000 sq.ft. to 12,947 sq.ft.; and
Required: 850 sq.ft. additional open space per bedroom
~equired for each house with more than 3 bedrooms
[i.e., minimum 5,000 sq.ft. lots required for 3-bedroom houses,
minimum 5,850 sq.ft. lots required for 4-bedroom houses, and
minimum 6,700 sq.ft. lots required for 5-bedroom houses],
Proposed: three to five bedroom houses proposed on lots
ranging from 5,000 sQ.ft. to 12,947 sq.ft. [of which 92 lots are
smaller than 6,700 sq.ft.])
(d) Section 18.27.061.021 - Minimum lot width.
(45 feet required for cul-de-sac and knuckle lots;
32 to 44 feet proposed for 17 lots)
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2. That waiver (a), required frontage on a street, is hereby granted for two lots on the basis
that there are special circumstances applicable to the property consisting of the irregular shape of the
northwesf portion of the property and its location at the end of a cul-de-sac, which do not apply to other
identically zoned property in the vicinity, because the configuration of Via Cortez creates an irregular
shape for this area, and that due to a sewer easement running along the property, frontage on a private
street can not be established.
3. That waiver (b), maximum permitted fence height, is hereby granted on the basis that
there are special circumstances applicable to the property consisting of its topography, location and
surroundings which do not apply to other identically zoned property in the vicinity because of the large
grade difference throughout the property, including its grade relation to public streets and the Caltrans
right-of-way and SR 91/Riverside Freeway; that the existing topography of the property is such that the
natural grade at the proposed location of the retaining walls (paralleling the SR 91/Riverside Freeway) is
approximately 22 feet below the freeway roadbed and 31 feet below Santa Ana Canyon Road; and that
following grading of the property, the pad elevations at the proposed retaining walls will be approximately
10 feet below the freeway roadbed (but approximately 11 feet higher than the Caltrans right-of-way area
between the roadbed and the building pads) and 20 feet below Santa Ana Canyon Road.
4. That waiver (c), maximum lot coverage and open space requirements, is hereby granted
on the basis that there are special circumstances applicable to the property consisting of its irregular
shape adjacent to Via Cortez which creates a parcel with asymmetrical boundaries that constrain design;
that the existing underground utility infrastructure limits the layout of the lots and streets; and that similar
lot coverage waivers have been granted to properties in the vicinity in the same zoning classification.
5_ That waiver (d), minimum loi width, is h.ere.by .gran. te.d_on_th.e..basis that ihere are special
circumstances applicable to the property consisting of its irregular shape along the west property line
which constrains development; and that the 17 lots subject to this waiver have lot sizes that are at least
100 sq.ft. larger than the minimum 5,000 sq.ft. required.
6. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved and to the intended use of the property that do not apply generally to the property or
class of use in the same vicinity and zone.
7. That there are special circumstances applicable to the property in terms of shape,
topography, and surroundings which make this site unique; and that the topography of the site is such
that a significant amount of earth movement and soil retention is necessary which impacts the height of
the necessary retaining walls.
8. That the irregular shape along the west property line and the numerous existing
easements that run through the property create constraints on the layout and design of the streets and
single-family lots which affect the lot width, required frontage on a street, and maximum lot coverage and
open space requirements.
9. That strict application of the Code would deprive this property of the development of
single-family homes at a density which is below that permitted by the Anaheim General Plan and which
residential density is currently developed elsewhere in the neighborhood.
10. That the requested variance is 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; and that the requested variance will not be materially detrimental to the public
welfare nor injurious to the property or improvements in such vicinity and zone in which the property is
located.
11. That no one indicated their presence at the September 24, 2001, public hearing in
opposition to the proposal; and that numerous letters regarding the proposal were received.
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12. That three interested persons spoke at the September 24, 2001, public hearing with
concerns and suggestions regarding the development proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of required frontage on a street, maximum
permitted ~ence height, maximum lot coverage and open space requirements, and minimum lot width to
construct a 128-unit RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) zoned single-
family subdivision on a 24.5-acre property located on the east side of Solomon Drive northerly of Santa
Ana Canyon Road and westerly of Via Cortez and south of the SR 91/Riverside Freeway, having a
frontage of 1,306 feet on the west side of Solomon Drive and a maximum depth of 1,418 feet, being
located 112 feet north of the centerline of Santa Ana Canyon Road, and further described as 5801 East
Santa Ana Canyon Road; and does hereby approve the CEQA Mitigated Negative Declaration and
Mitigation Monitoring Program/Plan No. 116 upon finding that it has considered the CEQA Mitigated
Negative Declaration and Mitigation Monitoring Program/Plan No. 116 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 evidence that the project will have a significant effect on the
environment.
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:
1. That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 116 created specifically for this project, and for
- complying wiC~i the moniforing and repo-ting requiremenfs established by f~ie ~ity of Anaheim in
compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property
owner/developer shall be responsible for any direct costs associated with the monitoring and
reporting requirements to ensure implementation of those mitigation measures identified in Mitigation
Monitoring Plan No. 116 which is made a part of these conditions of approval by reference.
2. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.)
and shall be subject to review and approval by the appropriate City of Anaheim departments.
3. That because this project has landscaping areas exceeding two thousand five hundred (2,500) sq.ft.,
a separate irrigation meter shall be installed and shall comply with Chapter 10.19 of the Anaheim
Municipal Code (Landscape Water Efficiency) and Ordinance No. 5349.
4. (a) That not more than eighty percent (80%) of the total one hundred twenty eight (128) residential
lots shall be developed with four (4) bedroom houses or five (5) bedroom houses (i.e.,
maximum one hundred two [102] lots may have 4 and 5 bedroom homes); and
(b) That not more than forty percent (40%) of the total one hundred twenty eight (128) residential
lots shall be developed with five (5) bedroom houses (i.e., maximum fifty one [51] houses may
have 5 bedrooms).
Information regarding these limitations on the number of permitted bedrooms for the homes on
individual lots shall be provided to the future homeowner at the sale of each home. Said information
shall also be identified in the Covenants, Conditions and Restrictions ("CC&Rs") for the
homeowners' association.
5. That final landscaping, site, floor, elevation, fencing, signage and street light plans shall be
submitted to the Zoning Division of the Planning Department specifying the proposed number of
bedrooms on each lot, the lots requiring the waiver of open space and lot coverage requirements,
architectural details, decorative walls, and street lights for review and approval by the Planning
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Commission as a"Reports and Recommendations" item. Public notification shall be provided for
said review, as would typically be required for a public hearing item,.
6. That this development proposal, which includes Tentative Tract Map Nos. 16254 and 16255, shall
not have vehicular gates or any other type of vehicular barrier separating the private streets from
Solomon Drive.
7. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on the submitted plans.
8. That clinging vines shall be planted and maintained on all exterior screen walls visible to a public
right-of-way. Said information shall be specifically shown on the plans submitted for Planning
Commission review and approval as a"Reports and Recommendations" item.
9. That prior to issuance of a building permit, the developer/owner shall submit a set of improvement
plans for Public Utilities, Water Engineering, review and approval in determining the conditions
necessary for providing water service to the project.
10. That on-site trash truck turn-around area(s) shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area(s) shall be specifically shown on the plans submitted
for building permits.
11. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information shall be specifically shown on the plans submitted for
building permits.
12. That a plan, drawn to scale, shall be submitted to the Public Works 6epartment, Streets and
Sanitation Division, for review and approval showing storage areas and collection areas for three (3)
automated trash barrels for each dwelling unit.
13. That prior to issuance of the first building permit, excluding the model homes, the underlying final
tract map shall be submitted to and approved by the City of Anaheim and the Orange County
Surveyor, and shall then be recorded in the Office of the Orange County Recorder (Subdivision Map
Act, Section 66499.40).
14. That the developer shall submit a grading plan to the Public Works Department, Development
Services Division, for review and approval. Grading shall conform to the requirements of Chapter
17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code.
15. That prior to issuance of a building permit, the developer shall submit street improvement plans for
Santa Ana Canyon Road, Solomon Drive and Via Cortez to the Public Works Department,
Development Services Division; and that a bond shall be posted to guarantee that Santa Ana
Canyon Road, Solomon Drive and Via Cortez shall be improved in accordance with the Circulation
Element of the Anaheim General Plan and as approved by the City Engineer. The improvements
shall be installed prior to final zoning and building inspection.
16. (a) That the developer shall submit landscaping plans for the median islands in Santa Ana Canyon
Road and other adjacent public rights-of-way, as determined by the Urban Forestry Division,
Community Services Department.
(b) That prior to the landscaping plans being finalized and approved by the city, Community
Services staff will meet with community representatives to seek input regarding the placement
of off-site trees.
(c) That prior to issuance of a building permit, the landscaping plans shall have been approved by
the Community Services Department; and that a bond in the amount of twenty thousand
dollars ($20,000.00) shall have been be posted to guarantee that the landscaping will be
provided as approved by the City of Anaheim.
(d) That prior to final Zoning and Building inspections, these landscaping improvements shall have
been installed.
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17. That the legal property owner shall submit a Water Quality Management Plan ("WQMP") specifically
identifying best management practices that will be used on-site to control predictable pollutants from
storm water runoff. The WQMP shall include measures to maximize the use of pervious materials
onsite (such as use of concrete pavers in driveways and sidewalks along the private streets). The
WQMP shall also include water quality enhancing detention basins to the extent practicable in open
space areas. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval prior to obtaining a grading permit.
18. That the developer shall obtain a National Pollution Discharge Elimination System ("NPDES") permit
from the State Water Resources Control Board. A copy of Notice of Intent (NOI) and proof of
applying for the NDPES permit shall be submitted to the Public Works Department, Development
Services Division, prior to obtaining a grading permit.
19. That prior to issuance of a grading permit, the developer shall submit a Geology Report verifying
Mitigation Measures for seismic hazard. The report shall be reviewed and approved by the City of
Anaheim.
20. That a Storm Water Pollution Prevention Plan ("SWPPP") shall be prepared prior to commencement
of construction and after having assessed the physical characteristics of the site after grading to
determine the Best Management Practices ("BMPs") most effective in maintaining downstream
protection against water pollution.
21. That decorative street lights shall be installed within the underlying tract; and that on Solomon Drive
street lights shall be installed to match the existing lights, as approved by the Electrical Engineering
Division.
- 22. Tharpri~rto commencing construction, aN-necessary perrrffts req~ai~ed by Cal~Fans shall-be-obtain.e.d..
23. That the drainage for the property shall be provided in a manner satisfactory to the City Engineer.
24. That the Hydrology and hydraulic calculations shall be reviewed and approved by the City Engineer.
25. That Tract No. 16255 shall not be developed prior to Tract No. 16254 without prior review and
approval by the Planning Commission at a noticed public hearing.
26. That a notation shall be placed on the grading plan describing the process to be followed in the
event of an archaeological find, in compliance with State of California law.
27. 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, 2, and Revision No. 1 of Exhibit No. 3, and as conditioned
herein.
28. 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. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16 and 32,
herein-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.
29. That prior to final building and zoning inspections, Condition Nos. 3, 16(d), 21, 23 and 27,
above-mentioned, shall be complied with. 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.
30. 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.
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31. That prior to issuance of a grading permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 13, 14, 15, 17, 18, 19, 23 and 24,
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.
32. That prior to issuance of a building permit, a plan to place a plaque on the property commemorating
the history of the Maag Ranch shall be prepared. Said plan, which shall include wording, design,
materials and location, shall be submitted to the Zoning Division for review and approval. Said
plaque shall be placed prior to final occupancy of the first dwelling and shall be maintained by the
homeowners association and made accessible for public viewing.
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 RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2001.
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/l ~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
n_ IN WITNESS WHEREOF, I have hereunto set my hand this oZ-3 ~° day of
~Ll- o , 2001.
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~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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