Resolution-PC 2001-16. •
RESOLUTION NO. PC2001-16
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04407 BE GRANTED, IN PART
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:
PARCEL A-1:
PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 429 RECORDED JUNE 8 1999
AS INSTRUMENT NO. 19990422535 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALI FORN IA.
PARCEL B:
THAT PORTION OF THE LAND ALLOTTED TO TRINIDAD PERALTA DE MARQUEZ IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK
B OF JUDGEMENTS OF THE 17T" JUDICIAL DISTRICT COURT OF CALIFORNIA IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 81 DEG. 26'00" EAST 26.59 FEET AND NORTH 62 DEG.
07'00{ EAST 149.40 FEET FROM THE MOST NORTHWES~~~ZLY C~~tNEF~ OF ~H~ LAN~
DESCRIBED IN THE DEED TO ANDREW LAWS AND WIFE, RECORDED SEPTEMBER 15,
1950 IN BOOK 2071, PAGE 494 OF OFFICIAL RECORDS OF SAID COUNTY, THENCE NORTH
62 DEG. 07'00" EAST 294.93 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 26 DEG.
18'45" EAST 115.22 FEET TO THE CENTER LINE OF THE LAND DESIGNATED "PRIVATE
ROAD" ON A MAP FILED IN BOOK 62, PAGE 4 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTER LINE
NORTHEASTERLY 17.01 FEET ALONG A CURVE, CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 140.00 FEET NORTH 64 DEG. 20'00' EAST 99.00 FEET EASTERLY 75.75 FEET
ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 140.00 FEET SOUTH 84
DEG. 40'00" EAST 9.32 FEET THENCE NORTH 8 DEG. 03"42" WEST 155.74 FEET TO A LINE
BEARING NORTH 62 DEG. 07'00" EAST FROM THE TRUE POINT OF BEGINNING, THENCE
SOUTH 62 DEG. 07'00" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 62
DEG. 07'00" WEST 244.65 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 29, 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
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:
subdivision:
That the petitioner proposes waivers of the following to establish a 4-lot single family
(a) Section 18.23.061.010 - Minimum lot area.
(b) Section 18.23.061.020 - Minimum lot width.
CR5007PK.doc -1- PC2001-16
i
•
(c) Section 18.23.061.021 - Maximum number of panhandle lots.
(20% of the total number of lots permitted to be panhandle lots;
25°/a proposed (i.e., one lot of four lots))
2. That waivers (a) and (b), minimum lot area and minimum lot width, are hereby denied on
the basis that a revised plan deleting both waivers was submitted following public notification of the
hearing.
3. That waiver (c), maximum number of panhandle lots, is hereby approved on the basis
that Code permits a maximum of 20% of all lots to be designed as panhandle or flag lots; but that for this
4-lot subdivision, 20% equals less than one lot; and that only one lot (proposed Lot No. 4) is a
panhandle/flag lot.
4. That waiver (c) is granted on basis that there are special circumstances applicable to the
property such as topography, location and surroundings which do not apply to other identically zoned
property in the same vicinity; 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.
5. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or 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.
6. That the requested variance, as approved, is necessary for the preservation and
enJoyment of a substantiat praperty right possessed by other property in the same vieinity aRet -zorre, and
denied to the property in question.
7. That the requested variance, as approved, 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.
8. That two people indicated their presence at the public hearing in opposition to the
proposal; that six letters were received in opposition; and that four telephone calls were received in
opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum lot area, minimum lot width and
maximum number of panhandle lots to establish a 4-parcel RS-HS-22,000(SC) (Residential, Single-
Family, Hillside - Scenic Corridor Overlay) zoned single-family subdivision on a 2.01-acre property
located between Timken Road and Corto Road at the easterly terminus of Timken Road, having
frontages of 76 feet on the east side of Timken Road and 201 feet on the north side of Corto Road, being
located 200 feet west of the centerline of Mohler Drive, and further described as 371 Timken Road; 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, 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 entire property shall be annexed into the Orange County Sanitation District (OCSD). The
developer shall submit an application to OCSD and shall be responsible for payment of the
applicable fees. This requirement shall be placed as an improvement certificate on the Parcel Map.
-2- PC2001-16
•
C~
2. That prior to occupancy of the first structure on proposed Parcel No. 1 or Parcei No. 4, Timken Road
fronting this property shall be improved to conform to Public Works Standard Detail No. 116-B. The
developer shall submit street improvement plans to the Public Works Department, Development
Services Division, for review and approval. The developer shall then obtain a right-of-way construction
permit. This requirement shall be placed as an improvement certificate on the Final Parcel Map.
3. That prior to occupancy of the first structure on proposed Parcel No. 2 or Parcel No. 3, Corto Road
fronting this property shall be improved to conform to Public Works Standard Detail No. 116-B. The
developer shall submit street improvement plans to the Public Works Department, Development
Services Division, for review and approval. The developer shall then obtain a right-of-way
construction permit. This requirement shall be placed as an improvement certificate on the Final
Parcel Map.
4. That approval of Variance No. 2000-04407 is granted subject to approval, finalization and
recordation of Final Parcel Map No. 1999-194, as shown on Exhibit No. 1.
5. That subject property shall be developed substantially in conformance 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 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 4, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
See~ior~ 18:03.090 of ~k~e A~aheim Municipa4 Code: -
7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be
complied with.
8. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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
January 29, 2001.
CHAIRPER , ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~ ~~~-~--~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-16
~ •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 January 29, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBtLT
IN WITNESS WHEREOF, I have hereunto set my hand this ~`7 day of
, 2001.
~ ~.~.-~~.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2001-16