Resolution-PC 2004-114~ ~
RESOLUTION NO. PC2004-114
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04626 BE GRANTED
(NO ADDRESS)
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
BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 RECORDED IN 900K
226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL RECORDS:
PARCEL 1`. BEGINNING AT THE EASTERLY TERMINUS OF A LINE SHOWN AS NORTH
89° 59' S1" EAST 862.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE
ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
F4LLOWING COURSE5: SOUTH 89° 59' S1" WEST 862.16 FEET, SOUTH 71° 23' 00"
WEST 365.96 FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST
216.80 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 301.75 FEET; THENCE SOUTNWESTERLY 3.96 FEET ALONG
SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF
00° 45' 10'; THENCE CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST
1592.22 FEET, THENCE DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST
85.00 FEET; THENCE NORTH 21° 59' S2" WEST 133.00 FEET; THENCE NORTH 80° 31'
21" EAST 67.98 FEET; THENCE SOUTH 75° 02' 59" EAST 181.04 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 43.00 FEET A RADIAL L1NE TO SAID BEGINNING OF A NON-TANGENT
CURVE BEARS NORTH 70° 33' 29" EAST; THENCE NORTHWESTERLY ALONG SAID
CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' 05": THENCE NORTH 75°
02' S9" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST 616.76 FEET TO THE
POINT OF BEGINNING,
PARCEL 2: BEGINNING AT THE EASTERLY TERMINUS OR A LINE SHOWN AS
NORTH 89°59' 51" EAST 861.16 FEET IN THE NORTHERLY L1NE OF SAID PARGEL 3;
THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
FOLLOWING GOURSES: NORTH 56° 41` 03" EAST 1321.72 FEET, SOUTH 12° 27' 04"
EAST 731.79 FEET, NORTH 77° 30' 53" CAST 31.17 FEET, SOUTH 68° 49' 19" WEST 11.45
FEET. TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND
BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 01 ° 46' 15" TO THE
BEGWNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS
NORTH 22° 56' S6" WEST: THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE I
AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 41° 16' 57" TO
;'
THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE i
CURVE BEARS SOUTH 18° 20' 01" WEST, THENCE WESTERLY AND SOUTNERLY 111.74 ;C
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 142° 16' 01" TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING OF NON-
TANGENT CURVE BEARS SOUTH 32° 00' 08" EAST; THENCE SOUTHWESTERLY ALONG
SAID CURVE AND CONTINUING ALONG SAID PARCEL 3 122,85 FEET THROUGH A
CENTRAL ANGLE OF 10° 03' 19" TO THE BEGINNING OF A REVERSE CURVE CONCAVE i
TO THE NORTHWEST HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY
< 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A j
CR\PC2004-114 -1- PC2004-114
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CENTRAL ANGLE OF 28° 14' 21"; THENCE DEPARTING SAlD BOUNDARY OF PARCEL 3
ALONG THE NORTHEASTERLY BOUNDARY L1NE OF SAID PARCEL 2 SOUTH 29° 25` 13"
EAST 853.12 FEET; THENCE CONTINUING ALONG SAID PARCEL 2 NORTH 80° 32' 46"
WES7 1087.79 FEET;' THENCE DEPARTING FROM BOUNDARY OF SAID PARCEL 2
NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH 21° 59' 52" WEST 133.00 FEET;
THENCE NORTH 80° 31' 21" EAST 67,89 FEET: THENCE SOUTH 75° 02' 59" EAST 181.04
FEET TO THE BEGINNING OF A'NON-TANGENT CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF A NON-
TANGENT CURVE BARES NORTH 70° 33' 29" EAS7: THENCE NORTHWESTERLY ALONG
SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE 4F 28° 40' 05' ; THENCE
NORTH 75° OZ' 59" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 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 August 9, 2004, at 1:30 p.m., notice of said public hearing having been duly given as
required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith;'and that said public hearing was continued to the September
8, 20 and October 4, 2004, Planning'Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study madeby 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 a waiver of the following to establish a 28-lot, 21-unit, RH-2
(SC} single-family residential subdivision:
SECTION NO. 18.40.060.030 Required qrivate street standards (Sidewalks and parkways
required; none proposed)
2. That there is no reasonable relationship between the need for the required improvements
and the type of development project on which such requirements are imposed because the existing
residential subdivisions in this area are developed without sidewalks to maintain the rural character of the
neighborhood.
3. That 6 people indicated their presence at said public hearing wifh concerns and suggestions;
and that 6 letfers of correspondence were received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has reviewed the proposal
and the tnitial Study (a copy of which is available for review in the Planning Department} and finds no
significant adverse environmental impacts, which cannot be mitigated to a level of insignificance. Mitigation
measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No. 124 for the
project. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by
the Commission that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Mitigated Negative Declaration together with any comments received during the
public review process and further finding on the basis of the Initial Study that there is no substantial
evidence, with the imposition of mitigation measures, that the project will have a significant effect on fhe
environment. Commission may wish to note that the mitigation measures identified and incorporated into
fhis Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of
the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that theAnaheim 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 safefy and
general welfare of the Citizens of the City of Anaheim: ~
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1. That the property owner/developer shail be responsible for compliance with all the mitigation measures
set forth in Mitigation Monitoring Plan No. 124 created specifically for this project, and for complying
with the monitoring and reporting requirements established by the' City in compliance with Section
21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direcfcosts associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 124, which are
made a part of these conditions of approval by reference.
2. That trash storage area(s) shall be provided and maintained in locations(s) acceptable to the Public '`
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said information shall be specifically shown on the plans submitted for building
permits:
3. That a plan sheet for solid waste storage and collection'and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanifation Division for review and approvaL
4. That an on-site trash truck turn-around area shal! be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Trash truck turn-around shall be provided through each construction phase of the praject. Said turn-
around area shall be specifically shown on the plans submitted for building permits.
5. That gates shall not be installed across any driveway or 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. 609 and shall be subject to the review and approval of the City Traffic
and Transportation Manager.
6. That the legal property owner shall provide the City of Anaheim with an easement for e(ectrical service
lines tobe determined as electrical design is completed. Said easement shaU be submitted to the City ,
Anaheim prior to connection of electrical service.
7. That any required relocation of City electrical facilities shall be at the developer's expense. That '
landscape and/orhardscape screening of all pad-mounted equipment shallbe required and shall be,
shown on plans submitted for building permits.
8. That the locations for future above-ground utility devices including, but not limited ta; electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be located
outside the required street setback area fully screened and shown on plans submitted for building
permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape
screening, color of walls,materials, identifiers, access points, etc.} and shall be subject to the review
and approval of the appropriate City departments.
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9. That 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 Division an :''
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the i
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 ta serve the
project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations. ~
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10. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 {Landscape Water -
E~ciency} of Anaheim Municipal Code and Ordinance No. 5349. Said information shatl be specifically
shown on plans submitted for building permits ' ~
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11. That the developer/owner shaq submit a set of improvement plans to the PublicUti-ities Department, :
Water Engineering Division for review and approval to defermine the conditions necessary for
providing water service to the project.
12. That subject property shati be developed substantiaily in accordance with ptans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibits No. 1 and 2,;and as conditioned herein.
` 13. That the final site, floor elevation, fencing and landscape plans shall be submitted to the Planning
Services Division for review and approval. Any decision by staff regarding said plans may be appealed
to the Planning Commission as a Reports and Recommendations item. `
14. That prior to issuance of a building permit or within a periad of one (1) year from this date of fhis
Resolution, whichever occurs firsf, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 13 herein-
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances,and Administrative Adjustments) of the Anaheim Municipal
Code.
15. That prior to final building and zoning inspections, Condition Nos. 1 and 12, above mentioned, shall be
compiled with.
, 16. 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
regutations. 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 thatthe Anaheim City Planning Commission does herebyfind
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
invatid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shatl be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal. . ~ ~,--°-~
CHAIRMAN, ANAH~IM CITY PLANNWG COMMISSION
ATTEST;
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CAUFORNIA )
CC~UNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Eleanor Morris, Senior Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning
Commissian heid on October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FCORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: 'COMMISSIONERS: ROMERO, VELASQUEZ
1N WITNESS WHEREOF, i have hereunto set my hand this ~z ~~ay of
~ (' ~ D,d tJt- , 2004. :
~-~"~.,a'..- ~'~to
SENIOR SECRETARY,ANAHEIM CITY PLANNING COMMISSION