Resolution-PC 2006-26~ ~
_ RESOWTION NO. PC2006-26
' A RESOLUTION OF THE ANAHEiM PLANNING COMMISSiQN
THAT PETITION FOR VARIANCE NO. 2005-04655 BE GRANTED
(6263 fAST TRAIL DRIVE) '
WHEREAS, theAnaheim 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 9, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA,: AS ' SHOWN ON ` A MAP FILED W BOOK 65 PAGE 33 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY:
' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, at 2:30 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 "Procedures",
to hear and consider evidence for and against said pro~osed variance and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the :lanuary 23,
2006, February 6, and February 22, 2006 and March 20, 2006 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation arid 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 waivers of the following to construct a single-family residence:
(a) SECTION NO. 18.18.060.010 Maximum sfructural heiqht; 25 feef permitted;
34 feet proposed)
(b) SECTION NO. 18.46.110.130 Maximum retaininq wall heiaht; 3-feet high
permitted; 10-feet high proposed)
(c) SECTION NO. 18.92.150 Lot frontaqe on a qublic or private street;
Frontage on a public or private street :
required; frontage on private drive proposed)
2. That the above-mentioned waivers are hereby approved as the site is uniquely constrained
by its irregular shape and steep topography and these are special circumstances applicable to theproperty _
which do not apply to other identically zoned property in the same vicinity, The sloping terrain of the imposes
constraints on creating a developable pad without the use of retaining walls. ,
3. That the above-mentioned waivers are hereby granted on the basis that strict application of
the Zoning Code deprives the property of privileges enjoyed by other prope~ties in the identical zone and
classification in the vicinity because there are several similar height waivers that have been granted on
Ramsgate Drive and Whitestone Drive which are in directly adjacent to the project, retaining walls in the
vicinity that are higher than the requested walls that are visible to the public right-of-way and lots created in
the area that have narrow access drives. Therefore, there are multiple properties in the vicinity already
developed with the benefits requested by these waivers, and strict application of the zoning code would
deprive the property of privileges enjoyed by other properties in the vicinity. :
4. 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 properfy in
question.
' CR\PC2006-26 -1- PC2006-26
• •
5. That the requested variance will not be materiallydetrimental tothe public welfare'or
injurious to the property or improvements in such vicinity,and zone in which the property is located because
the project has been designed to mitigate the impact of the waiVers. Because ofthe topography of the area
and the design of the home,'the surrounding properties woultl not experience anyview obstruction because
of the additional height, and by using plantable retaining walls, and placing the highest retaining wall behind
• the home, the visual impact of the higher retaining walls is mostly shielded from the surrounding homes.
6. That 6 people indicated their presence at the public meeting in opposition to the proposal;
and that 2 newspaper articles and photos were submitted at today's meeting; and a letter was received in .
opposition, prior`to the meeting. A letter was received in general from the Anaheim Hills Citizens' Coalition
with concerns, priar to the meeting. 3 people spoke in favor of the subject request; and 4 letters in favor of
the request were received prior to the meeting., . ,
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anafieim Planning
Commission has reviewed the proposal to waive of (a) maximum structural height, (b) maximum retaining
wall height and (c) lot frontage on a public or private street to construct a single-family residence; and does
hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Program Na
138 upon finding that the declaratiorr reflects the independent judgment of the lead, agency and that it has '
considered the Mitigated Negative Declaration and together with any comments received during the public
review process and further finding on the basis of the initial study, inclutling the analysis of potential aesthetic
and biological resource impacts and any commen4s 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 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 plantable retaining walls shall be constructed with materials such as the "Verdura0" or
"LoffelsteinTM'" products in a manner in which the walls are segmented, where every block can be
planted to create a retaining wall that is completely covered with vegetation. Such information shall be
specifically shown on the plans submitted for grading permits.
2. That a certified arborist shall be present during grading and construction' activities of the private access
way to ensure the safety and preservation of the stand of eucalyptus trees on the adjacent property
along the west property line. In the event any of the specimen trees are destroyed due to site grading,
replacement trees shall be planted by the applicant in accordance with Section No. 18.18.040.060 of
the Anaheim Municipal Code.
3. 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.
4. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
5. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be '
specifically shown on the plans submitted for building permits.
6. That any required relocation of City electrical facilities shall be at the developer's expense.
7. 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 any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic
-2- PC2006-26
.
• ~
and Transportation Manager., Said information shall be specifically shown on plans submitted for
building permits.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of
wall and fencelocations to determine conformance with Engineering Standard No. 115. Said
information shall be specifically shown on plans submitted for building permits.
9. This condition of approval was deleted at today's public hearing.
10. This condition of approval was deleted at today's public hearing.
11. 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, shalf be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department. '
12. That all existing water services and fire lines 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 for the costs to upgrade or to abandon any water service or#ire
line.
13. 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 7, as conditioned herein.
14. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 138 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
15. That the City of Anaheim sewer connection fee shall be paid.
16. 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. 3, 4, 5, 7, 8 and 15, 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.
17. That prior to issuance of a grading permit, Condition Nos. 1 and 11, above-mentioned, shall be
complied with.
18. That prior to final building and zoning inspections, Condition No. 13, above-mentioned, shall be '
complied with.
19. 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
inva(id 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.
-3- PC2006-26
~ •
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related -
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or :
prior to the issuance of building permits for this project, whichever occurs firs.t. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 20, 2006: Said resolution is subject to the appeal provisions set forth ' Chapter 18.6 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedure~ctd'~~ eplac b ' y Council
Resolution in the event of an appeal. ~'
~~
CHAIRMAN, A' EtM PLANNING COMMISSION
ATTEST:" _
~ ~,~-d-c-.- '~'U'°
/~,C!e ~~ '
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify '
that tlie foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 20, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: EASTMAN, V~LASQUEZ :
ABSENT: COMMISSIONERS: NONE
T~
' IN WITNESS WHEREOF, 1 have hereunto set my hand this y day of
, 2006.
/~~G~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
: -4- _ PC2006-26