Resolution-PC 2004-54~ ~
RESOLUTION NO. PC2004-54
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2004-04601 BE GRANTED, IN PART
, (111 MOHLER DRIVE)
WHEREAS; the Anaheim CityPianning 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 1: THAT PORTION OF TME SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WEST, S.B.B. & M; IN THE CITY OF ANAHEIM, COUNTY
` OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A
POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAfN PARCEL
OF LAND CONVEYED TO WIL,BUR E. RASEY AND WIFE BY DEED RECORDED
JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE
NORTH 26° 01" WEST ALONG THE SQUTHWESTERLY LINE OF THAT CERTAIN
PARCE~ OF LAND CONVEYED TO MICHAEL C. BINIER AND WIFE BY DEED
RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO
POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE
SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE
OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL
RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY '
HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE,
FROM A TANGENT BEARING NORTH 46° 29' 11° EAST, THROUGH AN ANGLE OF 1° 41'
55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE
SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN
PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7,
1948, IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE DEL GIORGIO, TO
THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID
EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WES7, SAN BERNADINO MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF
CAUFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED
NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING
DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH
44° 07' 42" EAST, 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731,
PAGE 521 OF OFFICIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A
DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS
"SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION
THEREOF WITH A CURVE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET
TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK
2285, PAGE 482 OF OFFICIAL RECORDS IN SAID OFFICE.
CR\PC2004-054
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PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA;: DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED
TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, IN BOOK 9238, PAGE
828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID
OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE
OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY :
HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING
THROUGH SAID MOST SOUTHERLY C~RNER BEARS NORTH 433° 30' 49" WEST) AND
ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF 7HE
COURSE SHOWN ON HAVING'A DISTANCE OF 42.00 FEET'MORE OR LESS ON THE
MAP ATTACHED TO EASEMENT bEED RECORDED MAY 9, 1977, IN BOOK 12185,
FAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY
PROLONGATION OF SAID COURSE NORTH 38° OT 15" WEST 0.82 FEET TO THE
BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00
FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF '
93° 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE '
THROUGH A CENTRAL ANGLE OF 02° 43' 31" AN ARC DISTANCE OF 403.07 FEET TO
THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE
NORTH 89° 54' 12" EAST TO THE POINT OF BEGINNING.
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 5, 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 18.03 to hear and consider evidence for and against
said General Plan Amendment and to investigate and make findings and recommendations in connection
therewith; and that said public hearing was continued to the April 19 and May 17, 2004, Planning
Commission meetings; 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 the construction of three detached single-family homes with the
following waivers
(a) SECTION N0.18.04.020.023 Minimum lot depth adiacent to a scenic expresswav (150
feet required; 110 feet proposed for Lot B and 115 feet
proposed for Lot C)
(b) SECTION NO. 18.22.061.010 Minimum lot area. (DELETED)
2. That the above-mentioned waiver (a) minimum lot depth adjacent to a scenic expressway is
hereby granted on the basis that there are special circumstances applicable to the property such as it's
irregular shape, which does 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 since other lots in proximity to the property do not have the required lot
depth of 150 feet.
3. That the above-mentioned waiver (b), minimum lot area, is hereby denied on the basis that
the project has been redesigned whereby said waiver is no longer necessary.
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4. 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.
5. 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 since the
proposed lots would be compatible in size and configuration with surrounding properties.
6. That the above-mentioned waivers are necessary to reconfigure the three (3) existing lots
inta lots suitable for development; and that such development wili be compatible with other such previous
development in the surrounding neighborhood.
' 7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in apposition to subjecf petition; and that two people spoke in support of the
proposed plans. '
CAUFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct 3 detached single-family homes with waivers of: (a)
minimum lot depth adjacent to a scenic expressway, and (b) minimum lot area (deleted) on the 1.5 acre
property 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 weffare of the Citizens of the City of Anaheim:
1. That a lot line adjustment shall be submitted to the Public Works Department, Subdivision Section for
review and approval by the City Engineer. The adjusted lots must conform to the City of Anaheim
Zoning Code (Title 18 of the Anaheim Municipal Code). The surveyor is advised to contact the
Planning Department to verify all applicable zoning standards. All applicable conditions of approval
pertaining to the decisions and actions taken by the Planning Commission shall be satisfied. The lot
line adjustment shall be recorded in the Office of the Orange County Recorder prior to issuance of a
building permit.
2. That a reservation for a reciprocal access and maintenance agreement shall be submitted to the Public
Works Department, Subdivision Section and approved by the City Attorney's office. The agreement
shall include provisions for maintenance of all private facilities (including, but not limited to the
accessway, common landscaping and irrigation, sanitary sewer, storm drain, street lights, etc.),
compliance with the approved Water Quality Management Plan, and a maintenance exhibit. The
reservation agreement shall be approved and recorded prior to approval of the lot line adjustment.
3. That the surveyor shall prepare a Record of Survey to verify and establish the property lines and
boundary control. The Record of Survey shall be reviewed and approved by the Orange County
Surveyor and then recorded in the Office of the Orange County Recorder prior to approval of the Iot
line adjustment.
4. That security shall be posted in the form of a surety bond, letter of credit, or cash deposit to guarantee
that the proposed private accessway shall be improved in accordance with Public Works Standard
Detail 163 as approved by the City Engineer (private driveway section for the Mohler Drive area). The
improvements shall be constructed prior to certificate of occupancy.
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5: That final site, floor, elevation, landscape and fencing plans for the residential structures shall be
submitted to the Zoning Division for review and approval by the Planning Commission as a Reports
and.Recommendation item.
6. That a plan for the design of the private accessway shall be submitted to the City Traffic and
Transportation Manager forreview and approvaL
7, That the owner/developer shall pay:the Traffic Engineering Division for the required relocation of the
stop sign, stop bar, striping and legend on Mohler Drive.
8, 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.
9, That the streets, sanitarysewers and storm drains within the development shall be privately
maintained.
1 Q. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fireJines, shallbe coordinated #hrough the Water
Engineering Division of the Anaheim Public Utilities Division.
11. That all existing water services shall conform to current Water Utility Standards. Any existingwater
service that is not approved by Public Utilities for continued use shall be upgraded to current
standards, or abandoned by developer. If the existing services are no longer needed, they shall be
abandoned by the developer. The developer shall be responsible for any costs associated with
upgrading or abandoning any water service or fire line.
12. That the developer/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 No. 15A.6 of the water utility's Rates, Rules and Regulations.
13. 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.
14. That prior to rendering water service, the developer/owner shall submit a set of water improvement
plans for Public Utilities Water Engineering review and approval in determining the conditions
necessary for providing water service to the project. A performance bond in an amount approved by
the City Engineer and in a form approved by the City Attorney shall be posted with the City of
Anaheim.
15. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
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17.
18.
19.
20.
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• Jdentifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs.
• Describes the mechanism for funding 4he long-term operation and maintenance of the Treatment
Control BMPs.
That prior to issuance of certificate of occupancy, the applicant shalL•
• Demonstrate that all structura( BMPs described in the Project WQMP have been constructed and
installed in conformance wifh approved plans and specifications:
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP'
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite. ,
• Submit for review and approval by the City an Operation and Maintenance Plan for ail structural
BMPs.
That all lots shall be assigned Mohler Drive street addresses by the Building Division.
That the City of Anaheim sewer assessment fee for the Mohler Drive Area shall be paid. The fee is
currently $1,287/acre.
That the City of Anaheim sewer connection fee shall be paid. The fee is currently $350i acre.
That prior to the recordation of the lot line adjustment, all existing structures shall be demolished. The
legal property owner shall obtain a demolition permit from the Building Division before demolition.
21. The vehicular access rights to Santa Ana Canyon Road and Mohler Drive except at the street
intersection shall be released and relinquished to the City of Anaheim.
22. 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 areas shall be specifically indicated on scaled plans (showing storage and collection
areas) submitted for building permits.
23. That approval of this variance is contingent upon approval of Reclassification No. 2004-00116, now
pending.
24. Deleted at the public hearing.
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department
marked Revision No. 1, Exhibit No. 1, and as conditioned herein.
26. That prior to the approval of a lot line adjustment, Condition Nos. 2, 3, 6, 7, 20 and 21 shall be
complied with.
27. That gates shall not be installed across the private drive unless plans are submitted to the Traffic and
Transportation Manager for review and approval in conformance with the Standard Engineering Plan
No. 609-A.
28. That prior to issuance of a building permit, or within a period of one year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 5, 8, 10, 11, 12, 13, 14, 17, 18, 19 and 22 above
mentioned, shall be complied with.
29. That prior to final building and zoning inspections, Condition Nos.16, 24 and 25, above-mentioned,
shall be complied with.
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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.
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
May 17, 2004. Said resolution is subject to the appeai provisions set forth in Chapter 18.03, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to ap eai procedures and may be replaced
by a City Council Resolution in the event of an appeaL
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HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTE :
,~=~'~,~~~,~.~~~~
SENIOR SECRETARY, 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, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES :`
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
/'~ IN WITNESS WHEREOF, I have hereunto set my hand this --~~~ day of
!, I o,r_.~ ~ n~ , 2004. ~ n _
S~NIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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