Resolution-PC 2004-150~ ~
RESOLUTION NO. PC2004-150
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE'NO. 2004-04634 BE GRANTED, IN PART
WHEREAS, the Anaheim 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:
TMAT PORTION OF LOTS 154 TO 157 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF
ANAHEIM, COIJNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, `IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; LYING NORTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE: '
BEGINNING AT A POINT ON THE CENTERLINE OF VENTURA STREET AS SHOWN ON SAID
TRACT N0. 2201. SAID POINT BEING DISTANT THEREON SOUTH 33 DEGREES, 53' 13"
WEST, 232.13 FEETFROM THE CENTERLINE INTERSECTION OF VENTURA STREET AND
FALMOUTH AVENUE AS SHOWN ON SAID TRACT; THENCE SOUTH 67 DEGREES, 14' 00"
EAST 221.27 FEET; THENCE SOUTH 66 DEGREES, 23' 53" EAST: 68.71 FEET TO A POINT
ON THE EASTERLY LINE OF LOT 157 OF SAID TRACT. SAID POINT BEING DISTANT
THEREON SOUTH 00 DEGREES, 18'40" WEST, 84.84 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 157.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE
CAUFORNIA COORDINATE SYSTEM OF 1927. ZONE 6, MULTIPLY ALL DISTANCES USED
IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES.
ALL OF LOTS 11 THOUGH 19 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF LOT 10 OF SAID TRACT NO. 2201, LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE
CENTERLINE INTERSECTION OF MINOT STREET, 60 FEET WIDE, AND FALMOUTH
AVENUE, 60 FEET WIDE, AS SHOWN ON SAID TRACT NO. 2201; THENCE ALONG THE
CENTERLINE OF SAID MINOT STREET SOUTH 00 DEGREES 19' 48" WEST 97.73 FEET AND
SOUTH 33 DEGREES, 52' 08° WEST 48.50 FEET; THENCE PERPENDICULAR TO SAID
CENTERLINE SOUTH 56 DEGREES 07' 52" EAST 30.00 FEET TO THE NORTHERLY
CORNER OF LOT 10 OF SAID TRACT NO. 2201. SAID POINT BEING THE TRUE POINT OF
BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 56 DEGREES, 07' 52" WEST, THENCE SOUTHERLY ALONG SAID CURVE
21.37 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES, 24' 30"; THENCE SOUTH 19
DEGREES, 27' 39" WEST 40.18 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHWEST ALONG
SAID CURVE 39.76 FEET THROUGH A CENTRAL ANGLE OF 37 DEGREES, 57' S3" TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 10:
TOGETHER WITH THAT PORTION OF LOT 20 OF SAID TRACT NO. 2201 LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 20; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT SOUTH 56 DEGREES, 08' 43" EAST 60.04 FEET TO
THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE
CONCAVE NORTHERLY, "HAVING A RADIUS OF 50.00 FEET, A RADIAL' LINE TO SAID
POINT' BEARS SOUTH 30 DEGREES 17' 36" EAST; THENCE SOUTHWESTERLY ALONG
SAID CURVE 22.57 FEET THROUGH A CENTRAL ANGLE OF 25 DEGREES 51' 51" TO THE
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BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
50.00 FEET, THENCE SOUTHERLY ALONG SAID CURVE 97.27' FEET THROUGH A
CENTRAL ANGLE OF 111 DEGREES, 28' 02" TO A POINT ON THE SOUTHWESTERLY LINE
OF SAID LOT 20.
THATPORTION OF LOTS 22 THROUGH 27 INCLUSIVE OF TRACT N0. 2358, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE' OF CALIFORNIA,' PER MAP RECORDED IN
BOOK 77, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY LYING SOUTHWESTERLY OF'THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PICADILLY WAY WITH
THE CENTERLINE OF BUCKINGHAM STREET, AS SAID INTERSECTION IS SHOWN ON THE
MAP OF SAID TRACT NO. 2358; 7HENCE NORTH 0 DEGREES, 26', 27" EAST, 441.43 FEET
ALONG SAID CENTERLINE OF BUCKINGHAM STREET; THENCE SOUTH 89 DEGREES 33'
33" EAST, 30.00 FEET TO THE EASTERLY LINE OF SAID BUCKINGHAM STREET AS
SHOWN ON SAID TRACT MAP, SAID POINT BEING THE POINT OF BEGINNING; THENCE
NORTH 55 DEGREES 09' 41" EAST, 39.58 FEET; THENCE SOUTH '71 DEGREES, 49' 31"
EAST, 321.98 FEET; THENCE SOUTH 72 DEGREES 58' 14" EAST, 99.35 FEET; THENCE
SOUTH 71 DEGREES, 49' 30" EAST, 200.11 FEET; THENCE SOUTH 72 DEGREES, 58' 15"
EAST, ' 175.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 9681.00 FEET; l"HENCE SOUTHEASTERLY
7.95 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES, 16' 16" TO
A POINT ON THE WESTERLY LINE OF LOT. 9 OF TRACT N0. 4187 RECORDEDJN BOOK
163, PAGES 23 AND 24 OF SAID MISCELLANEOUS MAPS, SAID POINT JS NORTHERLY
119.72 FEET ALONG SAID WES7ERLY LINE FROM THE SOUTHWEST CORNER OF SAID
LOT 9.
WHEREAS, the Planning Commission did hold a public hearing atthe Civic Center in the ~
City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said pubfic hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
(Procedures), 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 to construct 17 detached single family homes with the following
waivers:
(a) SECTION NO. 18.04.060 - Minimum lot depth adiacent to a freewav
(Deleted).
(b) SECTION NO. 18.04.100.010 - Minimum front vard setback (15 feet required; 12
feet proposed).
(c) SECTION NO. 18.04.100.010 - Minimum rear yard setback (15 feet required; 10
to 14 feet proposed).
(d) SECTION NO. 18.31.063.024 - Required improvement of private streets (2
sidewalks and 28 foot wide street required; 1
sidewalk and 20 foot wide street proposed).
2. That the above-mentioned waiver (a) pertaining to minimum 1ot depth adjacent to a freeway
is hereby denied on the basis that it has been deleted subsequent to advertisement.
3. That the above-mentioned waivers (b) and (c) are hereby approved based on the special
circumstances of these properties due to its narrow depth and long width of the lot making compliance with
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these Code standards difficult, and further that the average side yard setbacks far exceed Code
requirements to compensate for the front and rear yard setback deficiencies.
4. That the above-mentioned waiver (d) is hereby approved based upon the close proximity of
the houses to the freeway, narrow depth of the existing properties, and that the houses would front on only
one side of the street.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct 17 detached single familyhomes with waivers of: (a)
minimum lot depth adjacent to a freeway (deleted), (b) minimum front yard setback, (c) minimum rear yard
setback, and (d) required improvement of private streets; 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 wilf have a significant effect on the environment.
: NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 ofAnaheim:
1. That the developer shall install minimum 24-inch box sized trees in the public right-of-way parkway
along Picadilly Way. Said information shall be specifically shown on plans submitted for Community
Services, Public Works, and Planning Department approval. The entire parkway shall be irrigated by a
system supplied from the development.
2. That gates shall not be installed across any driveway or private street in a manner which may adversely '
affect vehicular traffic in the adjacent public street. Installation of anygates shall conform to
Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of
the City Traffic and Transportation Manager. Said information shall be specifically shown on plans
submitted for building permits.
3. That trash storage areas shall be provided and maintained in a location 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 for
Planning Department and Public Works Department, Streets and Sanitation Division approval.
4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
5. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division:
Said turn-around area shall be specifically shown on plans submitted for building permits.
6. 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 pians.
7. That final detailed landscape and irrigation plans for the proposed development shall be submitted to
the Development Services Division for review and approval. Said landscape plans shall show minimum
24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and
minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly,
professionally, and permanently maintained to ensure mature, healthy growth.
8. That Variance No. 2004-04634 is hereby granted subject to the approval and recordation of Tentative
Tract Map Nos. 16817 and 16818 and Reclassification No. 2004-00138 and 2004-00139, now pending.
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9. That prior to application for water meters, fire line or submitting the water improvement plansfor
approval; the developer/owner shal{ submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the existing watersystem to provide the
estimated water demands. Any off-site water system improvements required to serve the project shall
occur in accordance with Rule No. 15A.6 of the Water UtilityRates, Rules and Regulations.
10. That all existing water services and firelines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
' continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer
shall be responsible #or the costs to upgrade or to abandon any water service or fire line.
11. That prior to rendering water service; the developer/owner shall submit a set of improvement plans for
Public Utility Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
12. That water improvement plans.shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and from the City Attorney shaU be
posted with the Ciry of Anaheim.
13. That all requests for new water services or fire lines, as wefl as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
14. 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 through 6, and as conditioned herein.
15. 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, 11 and 12, 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.
16. That prior to final building and zoning inspections, Condition Nos. 1 and 14, above-mentioned, shall be
complied with.
17. 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 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 bythe final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or the revocation of the approval of this
application. ~
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December
13, 2004. Said resolution is subject to the appeal provisions set forth i Chapter 18.60, "Procedures" of the
Anaheim Municipal Codepertaining to appeal procedures and ay replaced ' y ouncil Resolution in
the event of an appeaL ' `` --
RMA , ANA ~EI ANNING COMMISSION
ATTEST:
-' +~-~-.~..-- / ~Z.~....~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. '
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim'City Planning '
Commission held on December 13, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this / 3~- day of
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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