Resolution-PC 2010-076RESOLUTION NO. PC2010-076
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING TENTATIVE PARCEL MAP NO. 2010-112 AND
VARIANCE NO. 2010-04818
(DEV2010-00081)
(370 SOUTH COUNTRY HILL ROAD, 7561, 7571, & 7581 COUNTRY HILL LANE)
WHEREAS, the Anaheim City Planning Commission (hereinafter
referred to as Planning Commission") did receive a verified Petition for a Tentative Parcel Map
to subdivide subject property into a four lot residential subdivision with lots having less net area
than allowed by Code, for certain real property situated in the City of Anaheim, County of
Orange, State of California, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference.
WHEREAS, the subject property is currently developed with a single-family
residence, and is located in the Single Family Hillside (RH-2) Residential) SC (Scenic Corridor)
Zone. The Anaheim General Plan designates this property for Estate Density Residential land
uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 30, 2010, at 5:00 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
proposed tentative parcel map and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the Planning 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 proposed subdivision, including its design and existing improvements, is
consistent with the Anaheim General Plan and the development standards contained in the RH-2
Scenic Corridor Overlay zone.
2. That the site is physically suitable for the type and density of the proposed
residential subdivision.
3. That the existing layout of the subdivision is not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as
the site is currently vacant and no sensitive environmental habitat has been identified.
4. That the design of the subdivision and existing improvements are not likely to
cause serious public health problems, as the site is currently developed with a single family
residence and no construction is proposed in association with this subdivision request.
1 PC2010-076
5. That the existing design of the subdivision and existing improvements will not
conflict with easements, acquired by the public at large, for access through or use of property
within the proposed subdivision.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance for lots having less net area than allowed by Code should be approved for
the following reasons:
1. The applicant requests a variance from the following Code Section to provide less
net lot area than required by Code:
(a) SECTION NO. 18.04.040.010
(Table 4-D)
Minimum Lot Area
19,000 square feet (excluding lot area set
aside for public and private streets or
vehicular access easements) required;
15,196, 16,436 and 17,708 square feet
proposed.
2. The variance pertaining to the minimum net lot area is hereby approved because
strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity because this property has a 40 foot
wide easement that traverses the southern edge of all four properties and the eastern edge of
Parcel No. 4. This uncharacteristically large easement area significantly impacts the
development potential of these properties.
WHEREAS, the Planning Commission has reviewed the proposal and does
hereby find that the Negative Declaration is adequate to serve as the required environmental
documentation in connection with this request 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 Planning Commission, for the
reasons hereinabove stated, does hereby approve Tentative Parcel Map 2010-112 and Variance
No. 2010-04818 subject to the conditions of approval described in Exhibit "B" attached hereto
and incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the 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.
2 PC2010-076
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 30, 2010 Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution iyen, . appeal.
4111.,(1
CHAIRMAN, AN IM CITY PLANNING COMMISSION
ATTEST:
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
STAlE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 August 30, 2010 by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30' clay of August, 2010.
SENIOR iCRET ANAHEIM CITY PLANNING COMMISSION
3 PC2010-076
EXHIBIT "A"
DEV2010-00081
APN:
356-121-50
356-121-17
356-121-51
so 100 Source: Recorded Tract Maps andfor City GIS.
111111111111111V■111,,looll,,111111111111111
Feet
Please note the accuracy is +1- two to five feet.
11005
4
PC2010-076
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
PRIOR TO BUILDING PERMIT
1
Prior to approval of permits for improvement plans, the
property owner/developer shall coordinate with Electrical
Engineering to establish electrical service requirements and
submit electric service requirement and submit electric
system plans, electrical panel drawings, site plans,
elevation plans, and related technical drawings and
specifications.
Public
Utilities,
Electrical
Engineering
2
An improvement certificate shall be included on the Parcel
Map that sewer, water and electrical service must be
installed and Country Hill Lane (private street) must be
constructed in conformance to Public Works Standard
Detail No. 163.
Public Works,
Traffic
Engineering
3
Submit a conformed copy or a copy of agreements to
record easement deeds to provide private ingress/egress,
drainage and maintenance of the private street.
Public Works,
Development
Services
4
The final map shall be submitted to the City of Anaheim
Department of Public Works and the Orange County
Surveyor for technical review and verified that all applicable
conditions of approval have been complied with and then
shall be recorded in the Office of the Orange County
Recorder.
,. Works
Public w orKs,
Development
Services
PRIOR TO CONSTRUCTION
5
All requests for new water services or fire lines, as well as
any modification, relocations, or abandonments of existing
water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public
Utilities Department.
Water
Engineering
6
Prior to application for water meters, fire line or submitting
the water improvement plans for approval, the
developer/owner shall submit to the Public Utilities Water
Engineering an estimate of the maximum fire flow rate and
Water
Engineering
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2010-112
(DEV2010-00081)
5
PC2010-076
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of
the existing water system to provide the estimated water
demands. Any off-site water system improvements required
to serve the project shall be done in accordance with Rule
No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
7
The developer/owner shall submit a set of improvement
plans for Public Utilities Water Engineering review and
approval in determining the conditions necessary for
providing water service to the project.
Water
Engineering
8
Prior to connection of electrical service, the legal owner
shall provide to the City of Anaheim a Public Utilities
easement with dimensions as shown on the approved utility
service plan.
Public
Utilities,
Electrical
Engineering
9
Prior to connection of electrical service, the legal owner
shall submit payment to the City of Anaheim for service
connection fees.
Public
Utilities,
Electrical
Engineering
GENERAL
10
That ongoing and during project operation, no required
parking area shall be fenced or otherwise enclosed for
outdoor storage uses.
Code
Enforcement
11
The 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 No. 1
(Tentative Parcel Map), and as conditioned herein.
Planning
6
PC2010-076