Resolution-PC 2007-19~ ~
RESOLUTION NO. PC2007-19
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2007-04Z98 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of Califomia described as:
PARCEL 1: _ _
LOTS 18 AND 19 OF TRACT N0. 11T, AMENDED MAP OF VISTA DEL RIO RANCHO IN TME CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN $OOK 11,
PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING THEREFROM THE NOR7HWESTERLY 73.00 FEET THEREOF.
ALSO EXCEFTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF TME FOLLOWING
DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 18 WITH THE '
SOUTHEASTERLY LINE OF PARCEL 1 AS DESCRIBED IN bEED TO THE STATE OP CALIFORNIA
RECORDED DECEMBER 19, 1951 IN $OOK 2265, FAGE 498 DFFICIAL-RECORDS OF SAID
ORANGE COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 55° 40' 00" EA$T 166.35
FEET TO AN 1NTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE `
NORTHWESTERLYlINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO HARpLD J.
THOMAS, JR. AND WIFE RECORDED FEBRUARY 25, 19701N BOOK 9223 PAGE 544 0F SAID
OFFICIAL RECORDS; THENCE ALONG SAID NOR7HEASTERLYPROLONGATION SOUTH 46° 31' 30"
WEST TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN QUITCLAIM
DEED TO HAROLD J. THOMAS JR. AND W IFE RECORDED AUGUST 26. 1976 IN BOOK 11866 PAGE
781 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID LAST MENTIONED NORTHEASTERLY LINE
SOUTH 50° 33' 00" EAST 100.00 FEET TO THE NORTHWESTERLY LINE OF THE LAND `DESCRIBED AS
PARCEL 1 IN DEED TO ALLEN W. CHARKOW AND WIFE RECORDED OCTOBER 1, 1975 IN BOOK ,
11526 PAGE 1878 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY AND
NORTHEASTERLY LINES OF LAST MENTIONED LAND NORTH 46° 31' 30" EAST TO: AN ANGLE
POINT AND SOUTH 55° 37' 04" EAST 159.20 FEET TO THE MOST NORTHERLY CORNER OF
PARCEL 1 AS DESCRIBED IN DEED TO FORREST W. HEATON AND OTHERS RECORDED APRIL 21,
1967 IN BOOK 8231 PAGE 80 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTH
EASTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 39° 13' 14" EAST 156.34 FEET T0
THE SOUTHEASTERLY LINE OF SAID LOT 18.
PARCEL 2;
, THAT RORTION OF LOT 18 OF TRACT NO. 117, AMENDED MAP OF VISTA DEL RIO RANCHO, AS
SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF '
ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 18, SAID POINT BEING
DISTANT THEREON NORTH 38° 47' 30" WEST 326.16 FEET FROM THE SOUTHERLY CORNER OF
SAID LOT 18 THENCE NORTH 46° 31' 30" EAST 30.10 FEET TO A LINE PARALLEL, WITH
AND DISTANT NORTHEASTERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID
SOUTHWESTERLY LiNE; THENCE ALONG SAID PARALLEL LINE, BEING ALSO THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO HAROLD J. THOMAS
RECORDED FEBRUARY 25, 1970 IN BOOK 9223 PAGE 544 OFFICIAL RECORDS OF SAID ORANGE
COUNTY, NORTH 50° 33' 00" WEST 100.00 FEET TO THE MOST WESTERLY CORNER OF SAID
LAND; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE
OF SAID LAND SOUTH 46° 31' 30" WEST 30.10 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT
18; THENCEALONG SAIp LAST MENTIONED SOUTHWESTERLY LINE SOUTH 50° 33' 00" EAST
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WHEREAS, the Planning Commission did hold a public tiearing at the Civic Center in the City of
Anaheim on March;5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as;required by
law and in accordance with the provisions of the Anaheim Municipaf Code, Chapter 18.60 "Procedures", to
hear and'consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connectian 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 the applicant proposes waiver of the following to establish a 4-1ot single family detacfied
residential subdivision:
(a) SECTION NO. 18.04.060.010 Minimum lot depth adiacent to a Scenic
Exqresswav (Santa Ana Ganvon Road)
(150 feet required; 83 feet proposed)
2. That the above-mentioned waiver is hereby granted because the site is uniquely constrained
- by its irregular shape and steep topography and these are special circumstances applicable to the property _
which do not apply to other identically zoned property in the same vicinity.
3. That the request waiver. is necessary for the preservation and enjoyment of a substantial
property right since there are multiple properties in thebicinity already developed with the benefits requested
by this waiver, and strict application of the zoning code would deprive the property of privileges enjoyed by
other properties in the same vicinity and zone.
4. 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 because
the deviation requested is similar to other existing conditions in the community.
5. That two people indicated their presence at said public hearing in opposition to portions of
the request and a person spoke with some concems and questions pertaining to the subject request; and
that no correspondence was received in opposition to subject petition.
' CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission has reviewed the proposal to establish a 4-lot, 4-unit detached single family subdivision and ,
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent :
judgment of the lead agency and that it has considered theNegative 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, BE1T RESOLVED that the Anaheim 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 health and safety
of the Citizens of the City of Anaheim:
1. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
2. 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.
3. That any required relocation of City electrical facilities shall be at the developer's expense.
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4. 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. Said informatiort shall be specifically shown on plans submitted for
building permits.
5. That plans shallbe submitted to the' City Traffic and Transportation Manager for review and approval of
wall and fence locations to dete~mine conformance with Engineering Standard No. 115. Said
information sha0 be specifically shown on plans submitted for building permits:
6. That prior to commencement of structural framing, fire hydrants shall be installed and charged as
required and approved by the Fire Department.
7. That prior to issuance of a building permit an all-weather access road as approved by the Fire
Department shafl be shown on plans submitted for bui{ding permits and said road shall be provided '
during construction.
8. , That priorto issuance of a buitding permit it shall be shown that fire hydrants shall meet minimum Fire
' Department Specifications and Requirements for spacing, distance to structure and available fire flow:
9. That prior to issuance of a building permit it shall be shown that emergency vehicular access shall be
provided and maintained in accordance with Fire Department Specifications and Requirements.
10. That prior #o issuance of a building permit plans shall indicate thaf any proposed lockable pedestrian
and/or vehicular access gates shall be equipped with Knox devices as required and approved by the
Fire Department.
11. That prior to the issuance of anybuilding permits, the project shall be shown to comply with the
Anaheim Fire Depa~tmenYs "Specifications and Requirements for Fuel Modification Plans and
Maintenance".
12. That prior to issuance of the first building permit, the final map shall be submitted to and approved by
the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the
Orange County Recorder.
13. That prior to issuance of the first building permit, a grading plan conformed to requirements of Chapter
17.06 of the Anaheim Municipal Code shall be reviewed and approved by the City Engineer, a Grading
Permit issued by the City Engineer and a pad certification submitted by the Registered Civil Engineer
along with a Soils compaction report prepared by a Registered Soils Engineer to be approved by the
City Engineer.
14. That prior to issuance of the first building permit, the sewer improvement plans shall be submitted for
review and approval by the City Engineer. The sewer construction shall be completed prior to
issuance of occupancy permit of the first home.
15. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMP's) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicabfe Routine Source Control BMP's as defined in the Drainage Area
Management Plan.
16: That prior to issuance of certificate of occupancy, the applicant shalL• ` ~
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• Demonstrate that aU structural BMP's described in the Project WQMP have been constructed and
' installed in conformance with appro~ed plans and specifications:
• Demonstrate that the applicant is prepared to implement all non-structurai BMP's described in the
Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite:
• Submit for review and approvai by the City an Operatioh and Maintenance Plan for all structural BMP's.
17. That Autry Way shall be improved per City Standard Detail No. 163 (Private Drive). The improvement ,
plan shall be submitted to the City for review and approval prior to lssuance of building permit.
18. That the on-site private street shall be improved per City Standard Detail No. 163 and the hammerhead
per Standard Detail No. 165. The design shall be clearly shown on the grading plan.
19. That the hiking and riding trail shall be improved per City Standard Detail No. 643.
20. That the driveways, sewer system and storm drain system shall be private and privately maintained.
21. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault'
shall be brought up to currenf standards. Any other large water system equipment shal4 be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback areas in a manner fully screened from all public streets and alleys. Said information shall be
shown onplans and approved by Water Engineering and Cross'Connection Control lnspector before
submittal for building permits.
22. That this project shall comply with the Migratory Bird Treaty Act. Migratory bird impacts may be
avoided by scheduling construction, including tree removal, demolition, and grading outside of the
breeding season, which extends from Feb~uary 15th to August 31. If construction is scheduled to occur
during the nesting season, a qualified biologist shall be retained and shall conduct a nesting bird
survey within three days prior to the commencement of construction activities to determine the
presence of migratory birds and their nests.
23. That prior to final building and zoning inspections, the property owner is responsible for repairing any
damage on Eucalyptus Drive and Autry Way that results from grading and construction activities in
connection with development on this property, and should coordinate with the neighbors regarding
such repairs.
24. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 17 and as conditioned herein.
25. . 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, 5, 7, 8, 9, 10, 11, 12, 13, 14, and 21,
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
26. That prior to issuance of a grading permit, Condition Nos.15, 18, 19 and 22, above-mentioned, shall be
complied with.
27. That prior to final building and zoning inspections, Condition Nos. 23 and 24, above-mentioned, shall be
complied with.
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28. 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 Federai
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.
29. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided {i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s); (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible forpaying a11 charges refated
to theprocessing of this discretionary case apptication within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs ~rst. Failure to pay all charges
shall result in delays' in the issuance of required permits or the revocation of the approval ofthis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 5, 2007. Said resolution issubject to the appeal provisions s orth i apter:18 0, " edures" of
.the Anaheim Municipal Code pertaining to appeal procedures an ay re ced by ' Co cil
Resolution in the event of an appeaL
CH M , AH IM NING COMMISSION
ATTEST:
J`t i~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
: I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 5, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this 2~~ day of
, 2007.
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SENIORBECRETARY, ANAHEIMPLANNING COMMISSION
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