Resolution-PC 99-124RESOLUTION NO. PC99-124
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4364 BE GRANTED, IN PART
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
described as:
PARCEL A:
PARCEL 3, AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 176 RECORDED APRIL
21, 1988 AS INSTRUMENT NO. 880-183109 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 86-158, AS SHOWN ON A MAP FILED IN BOOK 214,
PAGES 32 TO 36 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM TH~aT PORTION DESCRIBED IN DEED RECORDED APRIL 1,
1987 AS INSTRUMENT NO. 87-175b56 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
PARCEL C:
THAT PO~:TION OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE LAND
ALL.OTTED TO PAULA PERALTA DE DOMINGUEZ, AS DESCRIBED IN TNE FINAL
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS
ENTERED S~PTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT QF TH~ 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 15, PAGE 31 OF RECORD
OF SUR\~EYS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOS i EASTERLY CORNER OF LANU DESCRIBED IN DEED TO
LOREN C. FRITSCHE AND WIFE, RECORDED JULY 15, 1952 IN BOOK 2356, PAGE 415
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID EASTERLY CORNER ~LSO
BEING A POINT ON THE SOUTHERLY LINE OF TRACT PvO. 9143, RECORDED IN BOOK
368, PAGE 25, 26 AND 27 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, WHICH BEARS NORTH 74° 37' 47" WEST; THENCE SOUTH 2° 25' 22" WEST
59.64 FEET ALONG TFiE EASTERLY LINE OF SAID FRITSCHE LAND TO A POINT ON A
TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 91.00 FEET, A
RADIAL BEARING TO SAID POINT BEARS NORTH 52° 09' 19" EAS'r; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL AtJGLE OF 36° 47' 06"
AN ARC DISTANCE OF 58.42 FEET; THENCE NORTH 74° 37' 47" WEST 162.65 FEEI';
THENCE NORTH 67° 02' 00" WEST 100.06 FEET; THENCE NORTH 38°19' 16" WEST 7.40
FEET TO A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO
EDWIN EMIL KETTLER AND WIFE, RECORDED NOVEMBER 8, 1947 IN BOOK 1591,
PAGE 142 OF SAID OFFICIAL RECORDS; THENCE NORTH 81° 28' 04" EAST 69.74 FEET
ALONG SAID NORTHERLY LINE; THENCE LEAVING SAID NORTHERLY LINE SOUTH
67° 02' 00" EAST 44.41 FEET TO AN ANGLE POINT IN SAID TRACT NO. 9143, SAID
ANGLE POINT AL50 BEING ON THE MOST SOUTHWESTERLY CORNER OF SAID
TRACT NO. 9143; THENCE SOUTH 74° 37' 47 EAST 201.13 FEET ALONG THE
SOUTHERLY LINE OF SAID TRACT NO. 9143 TO THE POINT OF BEGINNING.
CR3683PK.DOC -1- PC99-124
~ARCEL D:
TNAT PORTION OF SECTION 1, TOWNSHI° 4 SOUTH, RANGE 9 WEST, IN THE LAND
ALLGTI'ED TO PAULA PERALTA DE DOMINGUEZ, AS DESCRIBED IN THE FINAL
DECREE OF PARTITION OF THE RANCHC SANTIAGO DE SANTA ANA, WHICH WAS
ENTERED SEPTEti16ER 13, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT UF THE 17Tfi JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 15, PAGE 31 OF
R~ECORD OF SURVEYS OF ORANGE COUNTY, CALiFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY COF:NER OF PaRCEL 2 AS SHOWN O~J A MAP
FILED IN BOOK 110, PAGES 24 AND 25 OF PPRCEL MAPS, IN THE OFFICE OF SAID
COUNTY RECORDER: THENCE SOUTH 25° 42' 33" EAST F,LONG TI'.E
SOUTHWESTERLY LINE OF TRACT NO. 9143, AS SH~WN ON SOUTH 25°42' 33" E.4ST
ALONG THE SOUTHWESTERLY LiNE OF TRACT NO. 5~43, AS SHOWN ON A MAP
RECORDED IN BOOK 388, PAGES 25, 26 AND 27 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, 24.29 FEET TO THE SOUTHWESTEr~LY
CORNER THEREOF; THENCE NORTH 67° 02' 00" WEST 44.41 FEET TO THE
SOUTHEASTERLY LINE OF THE SAID PARCEL MAP; THENCE NORTH 81° 28' U~3" EAST
30.70 FEET ALONG SAID SOUTHEASTERIY LINE 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 July 7, 1999, at ~:30 p.m., notice of said public hearing having been duiy given as
required by law and in accordance with the provisions of the Anaheim Mur,icipal 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 that the hearing was continued from the meeting of
June 7, 1999; 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 waivers of the following to establish an eight-lot, six-
unit single family residential subdivision:
(a) Section 1823.061.020 - LNinimum lot width.
(b) Section 18.23.061.022.0221 - Minimum private accessw~y reauirements.
(40-foot wide road easement with 28-foot wide naved
roadway required;
20 to 30-foot road easement with 16-foot oaved roadway
proposed)
2. That wafver (a), minimum lot width, is hereby denied on the basis that ft was deleted
following public notiflcation.
3. That waiver (b), minimum private accessway requirements, fs hereby approved on
the basis that exceptional or special circumstances affect this property consisting of its irrsgular shape
and topography which create a situation in which two of the proposed parcels are proposed at a location
that is removed from the other four parcels; and that exi ,ting mature poplar trees along the privato street
would have to be removed if said private street were widEmed to conForm with Code requirements.
CR3683PK.DOC -2- PC99-124
4. That there is no reasonable relationship between the need for the required
dedication and improvements and the type ofi developrr~ent project on which such requirements are
'rypically imposed.
5. That the cost of the ~ equired dedici~tion and improvemer,ts unreasonably exceeds
the burden or impact created by the ~evelopmeni project because the c•ost of wioening the existing private
street to meet the required standard would pose a financial burden on the petitioner, as concuRed with by
the Pubiic 4Vorks Department.
6. That the waiver will n~t bs materially detrimental to the public welfare nor inJurious
to the property or impruvements in the vicinity and zone in which the pronerty is located.
'l. That one person spoke at the public hearing (n favor of the proposal, three people
spoke with concems, no one indicated their presence in opposition, and ~o correspondence was recuived
in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Gity
Plannin ~ Commissian has reviewed the proposal to establish an 8-lot, 6-unit single fam~ly residentis!
subdivis(on with wafvers of minimum lot width (d4leted) and minimum private accessway requirements on
an irregularly-shaped 7.0-acre property having a frontage of 38 feet on the south side of Heath Terrace,
and being located 931 feet south of the centerline of RIQ Grande Drive and 225 feet west of the centerline
of Fairmont Boulevard (195 Sa~th Heath Terrace); and does hereby approve the CEQA Mitigated
Negative Declaration upon find?ng that the declaration reflccts the independent judgment of th~ lead
agency and that it has consid~red ihe CEQA Mitigated Negative Declaration together with any comments
received during the pubUc rvview ~,rocess and further findfng on the basis of the initial study and any
comments received that there is no substantial evidence that the proJect will have a sin,nificant effect on
the er.vironment.
NnW, THEREFORE, BE IT R~SOLVED that the Anaheim City Planr~ing Ccmmission
does hereby grant sub;ect Petition for Variance, upon the foliowing conditinns whicn are hereby found to
be a necessary prerequisite tc 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 any tree o~~ other'andscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, dartiaged, diseased and/or dead.
2. That landscaping and irrigation plans shall be submitted to the Zoning Division for roview and
approval specifying the species, size and focation of the proposed landscaping and the proposed
irrigation system, in compiiance with the approved exhibits. Following approval, the landscap(ng
shall be instailed and maintair.ed in accordar.ce with the plan.
3. That gates shall io be installed across any driveway in a manner which may adversely affect
vehicular traffic in the nearby publ;c street. InstaUation of any gates shail conform to Engineering
Standard Plan No. 609 and shall be subject to the rev(ew and approvai of the City Traffic and
Transportation Manager prior to issuance of a building permit.
4. That a m':nimum of three (3) opan parking spaces shall oe provided for each residential parcel;
that the parking surface for all throe (3) spaces shall be pavsd; and that the dimensions of each
space shall comply with Section 18.06.050.011 of the Anaheim Municipal Code (parking for
single•family dwellings), including:
(a) If any of the open spaces are tandem to the enclosed spaces in the garage and located
between a'llll_Up garage door and the pro~erty lino, the minimum dimensions of each of
those open space(s) shall be eight (8) feet wide by twenty five (25) feet long.
CR3G83PK.DOC -3- PC99-124
(b) If any of the open spaces are tandsm to the enclosed spaces in the garage and located
between a~I-~ garage door and the property line, the minimum dimensions of each of
those open sp~ices shall be eigh: (S) feet wide by twenty (20) feet Inng.
Said information shall be specificaily shown on the ptans submitted for building pe~its.
5. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Worhs Department, Streets and Sanitation Division, and fn accordance with approved plans on
file with said Department. Sali storage areas shall be designed, located and screened so as not
to be readily identifiable from nearby roadways. Said information shail be specificaliy shown on
the plans submitted for building permits.
6. That the mitigation measures identified in Mitigation Monitoring ?ian No. 109 shall be complie~
with.
7. That the subject pr~perty shail be developed substantially in accordanc~s with plans and
specifications submitted to the City of Anaheim by the petiNoner and which plans are on file with
the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2, 3, and 4;
and as conditioned herein.
8. That the property owner shall record Conditions, Covenants and Restrictions (CC 8 R) for thfs
subdivision, including the following:
(a) Prohibiting homeowners frorn parking on the private street; and
(b) Providing twenty ei~ht (28) guest parking spaces, as shown on approved Exhibit No. 4;
and
(c) Requiring that homeowners who invite more fluests than can park in the parking spaces
designated herein, provide valet parking services; and
(d) Installing and maintaining a traffic sign stating the maximum speed limit in this subd(vislon
is fifteen (15) miles per hour; and
(e) Specifying that tree clearance on ths private accessway (Lot A) shall be maintained at a
minimum of fourteen (14) feet above the roadway.
Prior to recordation of the CC & R's with lhe Office of the Oran~e County Recorder, the proposed
agreement shall be submittEd to the City Attorney for review and approval. A copy oF the
recorded agreement shall be submitted to the Planning Department.
That lhe final map of Tract Map No. 15837 shall be recorded with the O~ce of the Orange County
Recorder.
10. That prior to the issuance oF a building permit or within a period of one (1) year from the date of
this resolution, whichevsr occurs tirst, Condition Nos. 2, 3, 4, 5, 8 and 9, abovo•mentioned, shali
be complied with. Extensions for further time t~ complete said conditions may 6e granted in
accordance with Sectian 18.03.090 of the Anaheim Munic(pal Code.
11. That prior to final zoning and building fnspections, Condition No. 7, ab~ve-mentioned, shall be
complfed with.
12. That approval of this application ~onstitutes approval of the proposed request only to the extent
that it complfes with the Anaheim M~~nicipal Zoning Code an~ any other appticable City, State and
Federal regulations. Approval does r,ot include any action or findings as to compifance or
approval of the request regarding any other applicable ord(nance, regulation or requiremont.
BE IT FURTHER RESOLVED that the Maheim City Pianning 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,
CR3683PK.DOC -4- PC99-124
be declared invalid or unenforceabie by the final judgment of any c of competent jurisdiction, then this
Resolution, and any approvals herein c~; iiained, sh 1 be em I and void.
THE FOREGOING RESOLUTI s opt t P nning Commission meeting af
July 7, 1999. , ,
- - ---- --.......__._..
A EST:
~l~
SECRETARY, ANAHEI I CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resoiutfon was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS Wh1EREOF, I have hereunto set my hand this ~ day of
~, 1999.
~kG~~~~~~v~ ~'~o
SECRETARY, A HEIM CITY PLANNING COMMISSION
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