Resolution-PC 98-24RESOLUTION NO. PC98-24
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4331 [iE GRANTED
WHEREAS, the Anaheim Ciry Planning Commission did receive a verified Petition for
Variance for certain real property situated in tf~2 City of Anaheim, County of Orange, State of California
and described on "Attachment A';
WHEREAS, tha City Planniny Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 18, 1998, 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, investigatior~ 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 foilowing facts:
1. That the petitioner reyuests waivers of the foilowing to establish a 13-lot, 11
dweiling, RS-HS-22,000(SC) (Residential, Single-Family Hillside-Scenic Corridor Overlay) zoned
subdivision:
(a) Sections 17.08.036 - Minimum orivate street width.
17.08.390 40 feet required by Standard Detail No. 118-D "Private Street for
17.08.650 Peralta Hilis and Mohler Drive Area~'; 25 to 40 feet proposed)
and 18.23.061.0221
(b) Sections 1823.062.010 - Maximum structural hei4ht.
and 18.84.042.010 25 feet permitted; 27 feet proposed for Model No. 6)
2. That there are special circumstances applicable to the property consisting of its
irregular shape and narrow frontage along a public street, which do not apply to other identically zoned
properties in the vicinity;
3. That strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties under identical zoniny classification i~ the vicinity;
4. That approval of a 27-foot high single-family dwelling (Modei No. 6) is a minimal
deviation (8%) from the maximum permitted 25-foot height; and that this 2-story structure will not block
any existing views or adversely impact the surrounding reside~ ~tiai neighl,crhood due to the isalated
location of this residential subdivision and the anticipated 50-foot (or more) rear yards;
5. That there are exceptional or extraordinary circumstances or condltions applica~le
to the property involved or to ihe intended use of the property that do not apply generally to the property or
class of use in the same vicinity and zone;
6. 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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7. That the requested variance will not be m2terially detrimental to the pubiic welfare or
injurious to the property or improvements in the vicinity and zone in which the property is located because
a large number of specimen trees, mainly the Eucalyptus wind row abutting the east property line, will be
preserved for the benefit of the surrounding community; and
8. 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 City
Planning Commission has reviewed the proposal to establish a 13-lot, 11 dwelling, RS-HS-22,000(SC)
(Residential, Single-Family Hillsid2-Scenic Corridor Overlay) zoned subdivision with waivers o~ minimum
private street width and maximum structural height on a 8.0-acre parcel located on the south side of
Country Hill R~ad, 270 feet east of the centerline of Old Ranch 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 initiai study and any comments received
that there is no substan!ial evidence that the project will have a significant effec:t an the environment.
NOW, THEREFGRE, BE iT RESOLVED that the Anaheim C(y Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to
be a necessary prerequisite to ihe 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 plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval specifying how the vehicular security gates and vehicie turn-around area will function.
2. (a) That tilt-up garage doors mav be installed for any driveways having a minimum depth
twenty five (25) feet; and
(b) That roll-up garage doors shall be installed for any driveways having a minimum depth of
less than twenty five (25) feet; and
(c) That this information shaH he specified on plans submitted for building permits; and that
said doors shall be in~talled and maintained, as shown on those submitted plans.
3. This condition was deleted at the Planning Commission public hearing.
4. This condition was deleted at the ,~lanning Commission public hearing.
5. This condition was deleted at the Planning Commission public hearing.
6. That prior to issuance of a building permit or within a period of one 1,1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2(c), 9 and 10, herein-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.
7. 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 12, and as conditioned herein.
8. That prior to finai building and zoning inspections, Condition Nos. 7 and 9, herein mentioned, shall
be complied with.
9. That a masonry block wall shall be constructed from the existing pilaster on the east property line
and extending so~th to the private street turn around; provided, however, that within twenty five
(25) feet of Caunfry Hill Road, said wall shall step down to a height not exceeding three (3) feet.
This information shall be specifically shown on plans submitted far building permits and shall be
subject to the review and approval of the City Traffic and Transportation Manager.
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10. That the developer/property owner shall offer to construct a gate allowing access to the horse trail
on this property from 415 South Country Hili Road; provided, howeve~, that the property owner
shall appropriately indemnify the Homeowners' Association. Said indemnification(s) shali be
recorded in the O~ce of the Orange County Recorder and a copy of the recorded document shall
be submitted to the Zoning Division, Planning Department.
11. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Cade and any other applicable City, State and
Federai 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 RESC;~UTION was adopted at the Planning Commission meeting of
February 18, 1998.
,~ J l~!•~~ • "7'" . ~.t zL~
G IRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~(I~~l1-~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, tdargarita Soiorio, Secretary of the Anaheim City Planning Commission, do hereby cer~ify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Cify Planning
Commission held on February 18, 1998, by the folluwing vote of the members thereof:
AYES: COMMISSIONE~S: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERA7~
NOES: COIVIMISSIONERS: NONE
ABSENT: COMMISSIONERS:
VACANCY: ONE SEAT
J ,/ 3N WITNESS WHEREOF, I have hereunto set my hand this ~~" day of
~~/~U~.~i'~- . ~ 1998.
~O~l.o--
SECRETAR ANAHEIM CITY PL4NNING COMMISSION
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ATTACNMENT "A"
LEGAL DESCRIPTION.
THE LAND SHOWN ON THiS MAP IS SITUATED IN THE COUNTY OF ORANGE. STATE
aF CALIFORNIA, AND IS OESCRIBED A5 FOLLOWS~
PARCEL 1:
A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 4 SOUTH, RANGE 8 WEST,
SAN SERNARDIfVO BASE AND fuIERIDIAN, IN THE COUNTY OF ORANG~, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTcRLY END OF THE LINE BEARING NORTH 55° 12'
EAST 1521.37 FEET, AS SHOWN ON MAP OF SURVEY, RECORDED !N 800i<, 11, PAGE
39 OF RECORD OF SURVEYS, IN THE OFFICE.OF THE COUNTY RECORDER CF SAID
ORANGE COUNTY, AND RUNNING THENCE NORTH 42° 21' WEST 320.92 FEET;
THENCE N~RTH 46° Od' WEST 237.39 FEET; THENCE NORTH 55° 16'01" EAST 465.23
FEET; THENCE NORTH 58°58'00" EAST 111.31 FEET TO THE NORTHEASTERLY
BOUNDARY OF THE IAND CONVEYED TO HERBERT E. ANDERSON AND WIFE, BY
DEED ftECORDED JJLY 19, 1944, IN BOOK 1263, PAGE 241, OFFICIAL FtECORDS, IN
THE OFFiCE OF THE COt1NT1' RECORDER OF SAID ORANGE COUNTY; THENCE
ALONG THE SOUNDARY OF SAID LANO CONVEYED TO ANDERSON AND WIFE TFiE
FOLLOWING COUR3ES; SOUTH 33° 15' EAST 124.58 FEET; SOUTH 68° 50' EAST 206.45
FEET; SOUTH 81° 27' EAST 277.02 FEET; AND SOUTH 55° 12' WEST 714.05 FEET TG
THE POINT OF BEGINNING.
PARCEL 2:
A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 4 SOUTH, RANGE 8 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN 7FiE COUNTY OF ORANGE, STATE OF
CALIFQRPIIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY END OF THE LINE B~ARING NORTH 55 ° 12'
EAST 1521.37 FEET, AS SHOWN ON MAP OF SURVEY RECQRDED IN BOOK 11, PAGE
39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUPITY RECORDER OF SAID
ORANGE COUNTY, AND RUNNING THENCE NORTH d2° 21' WEST 320.92 FEET;
THENCE NORTH 46° 04' 1lVE5T 357.08 FEET; THENCE NORTH 12° 27' WEST 177.66
FEET; THENCE NORTH 9° 55' WEST 229.32 FEET; THENCE 1°28' WEST 129.25 FEET;
THENCE NOR7H 80'5T30" EAST 238.17 FEET; THENCE SOUTH 63' 29' E4ST 237.77
FEET; THEPJCE NORTH 85° 08' EAST 85.12 FEET TO THAT TRUE POINT OF BEG~NNING
~ OF THE BOUNDARY C~F THE LAND HEREIN DE5CRIBED; THENCE NORTH 85°08' EAST
~ 30.91 FEET; THENCE SOUTH 18° 46' EAST 232.65 FEET; THENCE SOUTH 33' 15' EAST
12.00 FEET; THENCE SOUTH 58°58'00" WES7 75.00 FEET; THENCE NORTH 6'S0'49"
/ EAST 81.63 FEET; THENCE NORTH 17'17'31" VI/EST 194.09 FEET'CO THE TRUE POINT
OF BEGINNING.
PCg8-24