Resolution-PC 99-184RESOLUTION NO. PC99-184
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PE i iTiON FOR VARIANCE NO. 4374 BE GRANTED
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 1, AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 247 RECORDED MAY
17, 1991 AS INSTRUMENT N0. 91-242744 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 99, PAGES 33 THROUGH 37
INCLUSIVE OF PARCEL MAPS, iN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Ci:y Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 11, 1999, 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 lhe 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 C~mmission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes the following waivers to establish a 7-lot (6 numbered and 1
lettered) single-family residential subdivision:
!a) Section 18.23.061.010 - Minimum lot area.
(19.000 sa.ft., exclusive of streets and easements, required;
17.610 sa.ft. proposed for Lot No. 2)
(b) Section 18.23.061.020.021 - Buildinq site reauirements for oanhandle/flaq lots.
(maximum 20% (1 lot) of the subdivision is permitted to be a
panhandle/flag lot; 33% (2 lots) proposed)
2. That the above-mentioned waivers are hereby granted on basis that there are speciai
circumstances applicable to the property such as size, shape, topography, location and surroundings
which do not appiy to other identically zoned properties in the same vicinity; and that strict application of
the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning
classification in the vicinity.
3. That there are special circumstances applicable to the property (which is zoned RS-HS-
22,000(SC) "Residential, Single Family Hillside - Scenic Corridor Overlay) such as the irregular size,
shape and topography of the property which do not apply to other identically zoned properties in the area.
4. That steep topography in the area of proposed Lots 1, 2 and 3 allows only a small area
which can be utilized for building pads for future homes.
5. That due to ihe steep topography, the existing recreational trail, and preservation of the
riparian area at the northern portion of the properry, none of the proposed lots can obtain access from
Country Hill Road.
Cr3775PK.DOC -1- PC99-184
6. Tha4 the strict application of the Zoning Code deprives this property of privileges enjoyed
by other properties under identical zoning ci~~ssification in the vicinity.
7. That the average lot areas and lot frontages for this proposed 7-lot, 6 dwelling subdivision
comply with Zoning Code requirements.
8. 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 generaily to the property or class
of use in the same vicinity and zone.
9. That the requested waivers are 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.
10. That the requested waivers will not be materially detrimental to the public welfare nor
injurious to the property or improvements in such vicinity and zone in which the property is located.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that four letters were received exp;essing concerns regarding the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim City
Planning Commission has reviewed the proposai for waivers of minimum lot area and building site
requirements for panhandle/flag lots to establish a 7-lot (6 numbered and 1 lettered) single-family
residential subdivision in the RS-HS-22,000(SC) zone on a irregularly-shaped 4-acre property located
between Country Hill Road and Old Bridge Road approximately 450 feet north of the centerline of
Fairmont Bouievard, with frontages of 540 feet on the west side of Country Hill Road and 335 feet on the
east side of Old Bridge Road, and having a maximum depth of 640 feet (370 South Old Bridge Road and
355 South Country Hill Road); and daes 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 Deciaration 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 s~gnificant effect on the environment.
NGW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions ~vhich a.*e 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 of Anaheim:
1. That proposed Condition No. 1 was deleted at the P/anning Commission public hearing.
2. That gates shall not be installed across the 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. 60J and shall be subject to the review and approval by the City
Traffic and Transportation Manager prior to issuance of a building permit.
3. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 601 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. That approval of this Variance No. 4374 is granted subject to the approval, finalization and
recordation of Tentative Tract Map No.15927, and to the approval and recordation of a Lot Line
Adjustment belween existing Tract No. 8650 and Tentative Tract No. 15927 as shown on Exhibit
No. 1.
CR3775PK.DOC -2- PC99-184
Thaf proposed Condition No. 5 was dsleted at the Planning Commission public hearing.
The subject property is located within the boundaries of the County nf Orange's Central and
Coastai Natural Communiry Conservation Program (NCCP). The NCCP is a comprehensive
multi-species habitat preservation and restoration program which provides for the protection of
coastal sage scrub (CSS) habitat area occupied by a variety of specie~ including the Califomia
gnatcatcher. The approved NCCP Map indicates that CSS habitat is not located on the project
site; however, it does indicate that the large vacant parcel immediately west of the project
contains CSS habitat area. To ensure the protection of this adjacent habitat area, the project
shall comply with the following:
Prior to commencing grading operations or other activities involving significant soil
disturbance, all areas of CSS habitat to be avoided under the provisions of the
NCCP/HCP, shall be identified with temporary fencing or other markers clearly visible to
construction personnel. Additionally, prior to the commencement of grading operations or
other activities involving disturbance of CSS, a survey will be conducted to locate
gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil
disturbance activities and the locations of any such species shall be clea~ ly marked and
identified on the construction/grading plans. Prior to the commencement of grading, the
property owneNdeveloper shall submit a letter to the Planning Department documenting
compliance with this conditions.
Following the completion of initial grading/earth movement activities, all areas of CSS
habitat to be avoided by construction equipment and personnel shall be marked with
temporary fencing or other appropriate markers ciearly visible to construction personnel.
No construction access, parking or storage of equipment or materials shall be permitted
within such marked areas. Prior to the commencement of grading, the property
owner/developer shall submit a letter to the Planning Department documenting
compliance with this condition.
Ongoing during grading and construction, waste dirt or rubbls will not be deposited on
adjacent CSS identified in the NCCP/FiCP for protection. Preconstruction meetings
involving the monitoring biologist, construction supervisors and equipment operators shall
be conducted and documented to ensure maximum practicabie adherence to this
condition.
Ongoing during grading and construction, CSS identified in the NCCP/HCP for protection
and located within the likely dust drift radius of construction areas shall be periodically
sprayed with water to reduce accumulated dust on the leaves as recommended by the
monitoring biologist.
7. (There is no Condition No. 7)
8. That a soils report based on the grading plan shall be submitted to the Public Works Department,
Development Services Division. A final soils report and certification statement from the
responsible civil engineer shall be submitted prior to final building and zoning inspections.
9. That a drainage report shall be submitted to the Development Services Division for review and
approval. The report shall address drainage for the entire site.
10. That prior to the issuance of a building permit or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 2, 3 and 4, 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.
CR3775PK.DOC -3- PC99-184
11. That prior to approval of a grading plan, Condition Nos. 6, 8 and 9, above-mentioned, shall be
complied with.
12. 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, 8tate and
Fe~ieral regulations. Approval does not inciude any acdon or findings as to compiiance or
approvat of the request regarding any other applicable ordinance, regulation or requirement.
13. That prior to final building and zoning inspections, the subject property shall be developed
substantially in accordance with plans and specifications submitted to the ~iry of Anaheim by the
petitioner and which plans are on file with the Planning Department label~d k~hibits 1 through 3,
and as conditioned hen:in.
BE IT FURTHER RESOLVED that the Anaheim Ciry Pla~ning Commi~;sion does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanNs compliance
with each and all of the conditions hereinabove set fo~th. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 11, 1999.
~ ~~~ ~~-~
CHAIRPERSON, ANAH~iM CI7I~PLANNING COMMISSION
ATTEST:
4~NA ~
SECR ARY, AHEIM 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 resolution was passed and adopted at a meeting of the Anaheim City Planni~g
Commission held on October 11, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISS!ONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this a~~~ day of
~l~~, 9999.
/ V(G~~~~.[/ct~z~ O~t1~a~
SECRETAf$N, ANAHEIM CITY PLANNI~G COMMISSION
CR3775PK. DOC -4- PC99-184