Loading...
Resolution-PC 2000-69~ • RESOLUTION NO. PC2000-69 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR WARIANCE NO. 2000-04395 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: THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE OF THE CENTER LINE OF THE SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED RECORDED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS OF ORANGE COUNTY, SAID BOLT BEING LOCATED APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTION OF SAID CENTER LINE BY THE WEST LINE OF SAID JUAN YORBA ALLOTMENT; THENCE NORTH 60 DEGREES 22' 55" EAST 306.34 FEET ALONG THE TANGENT OF SAID CURVE AND THE CENTER LINE OF SAID HIGHWAY TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 249.22 FEET MEASURED ALONG SAID CENTER LINE FROM THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO KARL AHRENS, RECORDED JANUARY 17, 1948 IN BOOK 1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 29 DEGREES 13' 15" EAST, 411.74 FEET ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE SANTA ANA VALLEY IRRIGATION COMPANY AND RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF O~FICIAL RECORDS OF SAID COUNTY; THENCE NORTH 78 DEGREES 20' WEST 542.42 FEET ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 4 OF THE LAND OF E. WALTER PYNE, AS SHOWN ON LICENSED SUR~EY MAP FILED IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF S~AID COUNTY; THENCE NORTH 3 DEGREES 50' 40" EAST 78.70 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TANGENT LINE OF SAID CURVE; THENCE NORTH 74 DEGREES 10' 25" EAST 71.97 FEET 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 May 22, 2000, 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, 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 t'he petitioner proposes waivers of the following to establish a single-family residential subdivision: (a) Section 18.04.020.023 Minimum lot depth adiacent to a scenic expresswav. (150 feet along Santa Ana Canyon Road; 123, 102 and 74 feet proposed for Lot Nos. 1, 2 and 3) CR3968PK.doc -1- PC2000-69 . • (b) Section 18.26.061.020 - Minimum lot width. (70 feet required; 34.3 and 16 feet proposed for Lot Nos. 2 and 3) 2. That waiver (a), minimum lot depth adjacent to a scenic expressway, is hereby approved based on the irregu'~lar shape of this property and nearby single-family RS-7200(SC) zoned residential lots to the immediate east having lot depths of less than 150 feet as measured from Santa Ana Canyon Road. 3. That waiver (b), minimum lot width, is hereby approved based on the irregular shape of the property, and adjacent and nearby single-family zoned residential lots to the south and west having lot widths of less than 70 feet. 4. That there are special circumstances applicable to this property consisting of shape, location and surroundi~gs which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone classification in the vicinity. 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which 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. 7. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that one letter was received in favor of the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to estabtish an RS-7200(SC) (Residential, Single-Family - Scenic Corridor Overlay) zoned subdivision with waivers of minimum lot depth adjacent to a Scenic Expressway and minimum lot width on a irregularly-shaped 121-acre property located at the southeast corner of Santa Ana Canyon Road and Anaheim Hills Road, having frontages of 284 feet on the south side of Santa Ana Canyon Road and 44 feet on the east side of Anaheim Hills Road, and further described as 6100 East Santa Ana Canyon 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 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 Anaheim City 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 of Anaheim: 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. That a six (6) foot high masonry block wall on a two (2) foot high earthen berm shall be constructed and maintained along the north property line (Santa Ana Canyon Road); provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Clinging -2- PC2000-69 ~ • vines to eliminate graffiti opportunities shall be planted adjacent to the wall on maximum five (5) foot centers, and said landscaping shall be properly irrigated and maintained. Said information shall be specifically shown on the plans submit4ed for building permits. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and a~pproval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission. 4. That satisfactory evidence shall be presented to the Building Division showing that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards 5pecified in the California Administrative Code, Title 25. 5. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on the submitted and approved plans. 6. That all property owners shall have street frontage on which to set out three (3) barrels for trash collection, and shall also be able to store these barrels out of the public's view. The developer shall submit a plan for trash barrel storage to the Public Works Department, Streets and Sanitation Division, for review and approval. 7. That Final Plans showing additional architectural enhancements to the building elevations facing Santa Ana Canyon Road shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division may be appealed to the Planning Commission. 8. That approval of Variance No. 2000-04395 is granted subject to approval and finalization of Reclassification No. 2000-00021, and to finalization and recordation of Tract Map No. 16059. 9. (Proposed Condition No. 9 was deleted at the Planning Commission public hearing.) 10. 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 8, and as conditioned herein. 11. 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. 1, 2, 3, 4, 5, 6, 7 and 8, 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. 12. That prior to final building and zoning inspections, Condition No. 10, above-mentioned, shall be complied with. 13 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 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. -3- PC2000-69 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 22, 2000. ; G~,~a~~cc..,/ CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION ATTEST: ~ ~ ~u~~~ ~~ SECRE~/ARY, ~~IAHEIM CITY PLANNING COMMISSION V 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 Planning Commission held on May 22, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~9~ day of , 2000. . /~ SEC ETA , ANAHEIM CITY PLANNING COMMISSION -4- PC2000-69