Resolution-PC 2004-101~ ~
RESOLUTION NO. PC2004-101
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2004-04627 BE GRANTED
(429 SOUTH'COUNTRY HILL ROAD)
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
descri6ed as
THAT PORTION OF THE 1AND ALLOTTED TO TRINIDAD PERSITE DE MARQUEZ IN
THE RANCHO SANTIAGO DE SANTA ANA, AS PER MAP FILED IN BOOK 13, PAGE 45
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF 7HE LAND_DESCRIBED IN THE
DEED TO CHARLES W. MEIM AND WIFE, RECORDED IN BOOK 4667, PAGE 582 OF
OFFICIAC RECORDS, SAID CORNER BEING SOUTH 55° 12' WEST 387.10 FEET
ALONG THE SOUTHEASTERLY LINE OF SAID SURVEY FROM THE MOST EASTERLY
CORNER THEREOF; THENCE SOUTH 55° 12' WEST 200.20 FEET TO A 11NE .
PARALLEL WITH THE SOUTHWESTERLY200.00 FEET_FROM, THE'COURSE CITED
AS "N. 37° 21' W. 305.27 FEET" ON THE NORTHEASTERLY LINE OF SAID LAND OF
HEIM; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 55° 12'
WEST ALONG SAID SOUTHEASTERLY LINE 210.02 FEET TO THE MOST SOUTHERLY
CORNER OF SAID HEIM PARCEL; THENCE NORTM 61° 2T WEST 277.02 FEET;
THENCE NORTH 68° 50' WEST 206.45 FEET; THENCE NORTH 33° 15' WEST 136.58
FEET; THENCE NORTH 18° 46' WEST 232.65 FEET; 7HENCE'NORTH 85° 08' EAST
273.00 FEET; THENCE NORTH 68° 55' EAST 71.22 FEET TO THE MOST WESTERLY
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED AS PARCEL 2 IN THE
DEED TO FERNANDO M. PARDO, ET AL., RECORDED IN BOOK 5237; PAGE 25 OF
OFFICIAL RECORDS; THENCE SOUTH 45° 19' EAST 349.42 FEET ALONG THE
SOUTHWESTERLY LINE OF PARCEL 2 TO THE MOST SOU7HERLY CORNER
THEREOF, SAID POINT BEING THE MOST WESTERLY CORNER OF THE LAND
DESCRIBED AS PARCEL 1 IN SAID DEED TO FERNANDO M. PARDO, ET AL.;
THENCE SOUTH 37° 21' EAST 282.43 FEET TO THE MOST SOUTHERLY CORNER OF -
SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF SAID LAND,
NORTH 85° 08' 00" EAST 30.90 FEET FROM THE MOST WESTERLY CORNER
THEREOF; THENCE NORTH 85° 08' 00" EAST 242.10 FEET TO AN ANGLE POINT
THEREIN; THENCE NORTH 68° 55' 00" EAST 71.22 FEET; THENCE SOUTH 45° 19' 00"
EAST 242.99 FEET; THENCE SOUTH 73° 06' 45" WEST 76.01 FEE7; THENCE SOUTH
86° 22' 40" WEST 179.95 FEET; THENCE SOUTH 80° 54' 30" WEST 167.50 FEET;
THENCE NORTH 18° 96' 00" WEST 195.00 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 September 8, 2004, 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 18.60,
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
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1. That the petitioner proposes waivers of the following to construct five (5) single-family
homes:
SECTION NO. 17.08.390 Minimum Private Street Width -
(40 feet required; 20 feet proposed) . '
2. That the above-mentioned waiver is hereby granfed`based on the special circumstances
of this property due to its steep hillside terrain, topography and irregular-shape (flag shape), making
compliance with the Code standard difficult.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the in4ended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone as the property currently or-ly has the one narrow entryway. ,
4. That the requested variance 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 as
several of the neighboring properties with identical zoning have been granted similar street widths of only '
twenty feet, and therefore, strict application of the zoning code would deprive this property of privileges
enjoyed by other properties in the immediate vicinity
. 5. That one person spoke with concerns and that no correspondence was received in '
opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to waive the minimum private street width for a five-lof
single-family residential subdivision; and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment 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 the City of Anaheim:
1. That final site, floor, elevation, landscape and fencing plans for the residential structures shall be :
submitted to the Zoning Division for review and approval. Any decision by staff regarding said plans
may be appealed to the Planning Commission as a Reports and Recommendation item.
2. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan (WQMP) specifically identifying the post construction best management practices that will be
used on-site to control predictable pollutants from stormwater runotf. The WQMP shall be submitted
to the Public Works Department, Development Services Division for review and approvaL
3. That the City of Anaheim Sewer Assessment Fee for the County Hill Road District shall be paid. The
fee is currently $ 2,073/acre.
4. That all retaining walls shall conform to Section 17.060.048 of Title 17. All retaining walls shall be
landscaped and a drip watering irrigation system shall be installed. All walls supporting slopes over
five feet high, from top of wall to top of slope, shall be constructed with a concrete drainage device at
the back of the wall. Said information shall be specifically shown on plans submitted to the Planning
Services Division for approvaL
5. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under
' California's General Permit for Stormwater Discharges Associated with Construction Activity by providing
a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
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the subsequent notification of the issuance of a WasteDischarge Identification (WDfD) Number. The
appiicantshall'prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shaU be kept at the project site and be available for City review on request.
6. That a detail of trash barrel storage location (minimum of 3 barrels) and trash collection pickup shall
be approved by thePublic Works Department, Streets and Sanitation Division. Barrels shall be
stored out of public view.
7. Thata plan forsolid waste storage, collection and a plan for recycling shall be submitted to the Public
Works Department, Streets and Sanitation Division for review.
8. That an on-site trash truck turnaround shall be' provided. Said information shall be specifically shown
on plans submitted to the Planning'Services Division for approvaL
9. That the deve{oper/owner shall provide a detailed water usage analysis'and building plans for Public
Utilities Water Engineering review and approval in determining the adequacy of the existing water
system to meet the projecYs water requirements. Any system improvements shall be done in
accordance with Rule Na 15A.6 of the water utility's Rates, Rules and Regulations.
10. That the water backflow equipment shall be above ground, outside of the street setback area in a
' , manner fully screened from all public and private streets. Any other large water system equipment ~
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside of the street setbacK area in a manner fully screened from all public and private streets.' Said
information shall be specifically shown on plans and approved by Water Engineering and Cross
Connection Inspector before submittal for building permits. ,
11. That prior to rendering water service, the developer/owner shall submit a set of improvementpfans for
Public Utilities Water Engineering review and approval in determining the conditions necessary for
providing water service to the project. A bond in the amount approved by the City Engineer and in a
form approved by the City Attorney shall be posted with the City of Anaheim.
12. That if this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code. Said information shall be specifcally shown on plans submitted for building permits.
13. That the legal property owner shall irrevocably offer to dedicate to the city of Anaheim (Water
Engineering Division) an easement finrenty (20) in width for water service mains and/or an easement for
large meters and other public water facilities.
14. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans. A minimum of a 20-foot setback in front of the
garage doors for parking shall be provided.
15. That Variance No. 2004-04627 is hereby granted subject to the approval and recordation of 7entative
Tract Map No.16672 now pending.
16. 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 and as conditioned herein.
17. 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, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15
above-mentioned, shall be complied with. Extensions for further time ta complete said conditions
may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code.
18. 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
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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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BE IT FURTHER RESOLVED that the~Anaheim City Planning Commission tloes 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 fina(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 thePlanning Commission meeting of
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, ~
"Procedures" of the Anaheim Municipal Code pertaining to peal procedures and ,may be replaced by a
City Council Resolution in the event of an appeaL .
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CHAIRP SON, ANAHEIM'C1TY PLANNING COMMISSION
AT T:
SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
, I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, dohereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA
N W ITNESS W HEREOF, I have hereunto set my hand this ~ day of
, 2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION