Resolution-PC 2003-7•
RESOLUTION NO. PC2003-7
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04547 BE GRANTED
WHEREAS, the Anaheim Ciry 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 THE LAND ALLOTTED TO JUAN YORBA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTtAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGEMENTS OF
THE DISTRIC COURT OF THE 17T" JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 339.13 FEET OF THE NORTHEASTERLY 174.10 FEET OF THE
FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT IN THE CENTERLINE OF
SANTA ANA CANYON ROAD, AS DESCRIBED IN THE DEED RECORDED JUNE 7,
1928 IN BOOK 171 PAGE 144 OF OFFICIAL RECORDS, SAID POINT BEGIN LOCATED
688.16 FEET NORTH 60° 22' 55" EAST FROM A BOLT MARKING THE POINT OF
INTERSECTION OF A CURVE, SAID BOLT BEING APPROXIMATELY 121.00 FEET,
MORE OR LESS, EASTERLY ALONG SAID HIGHWAY FROM THE WEST LINE OF THE
JUAN YORBA ALLOTMENT OF THE RANCHO SANTIAGO DE SANTA ANA, FROM SAID
POINT OF BEGINNING NORTH 60° 22' S5" EAST 478.84 FEET ALONG SAID CENTER
LINE; THENCE NORTH 29° 03' 20" WEST 1073.71 FEET TO A POINT IN A
COMF~~6MISE BOUNDARY LINE AS SFCOVI/N ON A MAP FiLED IN BOOK-°f;-PAGE 38
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID COMPROMISE LINE SOUTH
67° 54' 30" WEST 459.85 FEET TO A POINT IN A LINE DRAWN NORTH 27° 55' 35"
WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 27° 55' 35" EAST 1134.39
FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 13, 2003, 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:
1. That the petitioner proposes waiver of the following to establish a 6-lot subdivision in the RS-
5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone:
Section Nos. 18.04.020.023 - Minimum lot depth adiacent to a Scenic Expresswav.
and 18.84.042 (150 feet required from Santa Ana Canyon Road;
100, 120 and 149 feet feet proposed for Lot Nos. 6, 5 and 4)
2_ That the above-mentioned waiver is hereby granted on basis that strict application of the
Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone and
classification in the vicinity because the proposed lot depths are consistent with established development
patterns in the immediate vicinity.
3. 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.
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4. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the property is located.
That one person spoke at the public hearing in favor of the proposal.
proposal.
6. That one person spoke at the public hearing with questions and concerns regarding the
7. That one person spoke at the public hearing in opposition to the proposal; and that one
letter was received with concerns and opposition regarding the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal for waiver of minimum lot depth adjacent to a scenic expressway to
establish a 6-lot single-family residential subdivision in the RS-5000(SC) (Residential, Single-Family - Scenic
Corridor Overlay) Zone on a rectangularly-shaped 1.1-acre property having a frontage of 174 feet on the
north side of Santa Ana Canyon Road and a maximum depth of 291 feet, being located 442 feet west of the
centerline of Quintana Drive, and further described as 6161 East Santa Ana Canyon 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, 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 fhe Ci~y of Anafieim: - - -
1. That final site, elevation and floor plans for each residential structure shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a"Reports and Recommendations"
item.
2. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the City of Anaheim Public Utilities Division.
3. Condition No. 3 is intentionally deleted.
4. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utilities, Water Engineering Division, review and approval in determining the conditions
necessary for providing water service to the project.
5. That all lots shall be assigned street addresses by the Building Division.
6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said department. Said areas shall be specifically shown on the plans submitted for building permits
(which plans shall show the trash storage and collection area(s) at scale).
7. That a Final Map to record the division of subject property shall be submitted to and approved by the
City of Anaheim, and shall then be recorded in the Office of the Orange County Recorder.
8. That approval of this variance is contingent upon the approval of Tentative Tract Map No. 16452 and
adoption of an ordinance in connection with Reclassification No. 2002-00088, now pending.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plan is are on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
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10. That the property owner/developer shall install street lights on Paseo Rio Verde, and that prior to
issuance of building permits, a bond shall be posted with the City of Anaheim to guarantee installation
of said improvements. The street lights shall be installed prior to issuance of an occupancy permit for
the first residence.
11. 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, 2, 4, 5, 6, 7, 8 and 10, above mentioned, shall be
complied with.
12. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be complied
with.
13. 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 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
January 13, 2003.
CH RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this a~~' day of
, 2003.
/-'yLA.s..d
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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