Resolution-PC 2004-31•
RESOLUTION NO. PC2004-31
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04600 BE GRANTED, IN PART
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 THE NORTH HALF OF SECTION 6 IN TOWNSHIP 4 SOUTH,
RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS
FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE SOUTHERLY LINE OF THE LAND
CONVEYED TO LEON F. BOISSERANO AND WIFE, BY A DEED RECORDED
MARCH 28, 1951 IN BOOK 2165 PAGE 400 OFFICIAL RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID POINT OF
BEGINNING BEING SOUTH 81° 02' 10" WEST 295.60 FEET FROM THE
EASTERLY LINE OF THAT CERTAIN 73.302 ACRES PARCEL, AS SHOWN ON A
MAP OF SERVEY RECORDED IN BOOK 13, PAGE 40, RECORD OF SERVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE SOUTH 9° 42' 30" WEST 333.52 FEET TO THE NORTHWEST CORNER
OF THE LAND DESCRIBED IN THE DEED OF TRUST EXECUTED BY LEONARD
G. TROELLER, ET. UX., RECORDED AUGUST 31, 1955 IN BOOK 3194 PAGE
513, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY;
THENCE NORTH 86° 23' EAST ALONG THE NORTHERLY LINE OF SAID LAND
TO THE CENTERLINE OF MOHLER DRIVE, AS CONVEYED T THE COUNTY OF
ORANGE BY A DEED RECORDER MAY 22, 1950 IN BOOK 2016 PAGE 5
OFFICIAL RECORDS, IN THE OFFICIAL OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID MOHLER DRIVE TO
THE SOUTHERLY LINE OF SAID LAND CONVEYED TO BOISSERANO;
THENCE SOUTH 81° 02'10" WEST ALONG SAID SOUTHERLY LINE 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 March 22, 2004, 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 the petitioner proposes the following waivers to construct seven (7) single-family
homes:
(a) Section 18.23.061.020 - Minimum lot width.
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(b) Section 18.23.063.010 - Minimum front yard setback.
(25-foot averaqe setback required along the proposed private street
(Lot "A") with a minimum of 15 feet);
24-foot averaqe setback proposed with a minimum of 15 feet
proposed for Lot Nos. 1, 2, 3 and 4)
2. That waiver (a), minimum lot width, is hereby denied because it was deleted following the
public notification.
3. That waiver (b), minimum front yard setback, is hereby granted on basis that there are
special circumstances applicable to the property consisting of its irregular shape and the sloping
topography, which do not apply to other identically zoned property in the vicinity, and the proposed
average setback is only 1-foot shallower than required; and that strict application of the Zoning Code
would deprive the property of privileges enjoyed by other properties in the identical zone and
classification in the vicinity.
4. That approval of the requested waiver (b) will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which the property is
located.
5. That two people spoke at the public hearing in favor of the proposal, and one interested
person asked questions about the required lot areas.
6. That one person spoke at the public hearing in opposition to the proposal, and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waiver of (a) minimum lot width and (b) minimum
front yard setback to construct seven single-family homes in the RS-HS-22,000(SC) (Residential, Single-
Family Hillside - Scenic Corridor Overlay) zone on an irregularly-shaped 5.4-acre property having a
frontage of 679 feet on the west and southwest sides of Mohler Drive and a maximum depth of 755 feet,
being located 50 feet southeast of the centerline of Owens Drive, and further described as 375 South
Mohler Drive; 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 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, in part, 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 final site, floor, elevation, landscape and fencing plans for the residential structures shall be
submitted to the Zoning Division for review and approval by the Planning Commission as a'Reports
and Recommendations' item.
2. That a plan for the design of the private street shall be submitted to the City Traffic and
Transportation Manager for review and approval.
3. 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 approved plans.
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4. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan ("WQMP") specifically identifying the post construction best management practices that will be
used on-site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted
to the Public Works Department, Development Services Division, for review and approval.
5. That the street, sanitary sewers and storm drains within the development shall be privately
maintained.
6. That vehicular access rights to Mohler Drive shall be released and relinquished to the City of
Anaheim except at the intersection with the proposed private street (Lot "A").
7. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Division.
8. That because this project has a landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19 "Landscape
Water Efficiency' of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall
be specifically shown on the plans submitted for building permits.
9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division) a twenty (20) foot wide easement for water purposes.
10. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current
standards, or abandoned by developer. If the existing services are no longer needed, they shall be
abandoned by the developer.
11. That the developer/property owner shall provide a detailed water usage analysis and building plans
to the Public Utilities Water Engineering Division for review and approval for determining the
adequacy of the existing water system to meet the projecYs water requirements. Any system
improvements shall be completed in accordance with Rule No. 15A.6 of the Water Utility's Rates,
Rules and Regulations.
12. That the water backflow equipment shall be above ground and outside the street setback in a
manner fully screened from all public and private streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the street setback in a manner fully screened from all public and private streets. Said
information shall be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approval prior to submittal for building permits.
13. That prior to rendering water service, the developer/property owner shall submit a set of
improvement plans for Public Utilities Water Engineering review and approval for determining the
conditions necessary for providing water service to the project.
14. That all residential lots shall be assigned street addresses by the Building Division.
15. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said department. Said areas shall be specifically shown on the scaled plans (showing storage
and collection areas) submitted for building permits.
16. That approval of this variance is contingent upon approval of Specimen Tree Removal Permit No.
2004-00001 and Tentative Tract Map No. 16632, now pending, and recordation of a final map.
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17. That subject property shall be developed substantially in accordance with the plan and specifications
submitted to the City of Anaheim by the petitioner and which is on file with the Planning Department
marked Exhibit No. 1, and as conditioned herein.
18. 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, 6, 8, 9, 11, 12, 13, 14, 15 and 16, above
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.
19. That prior to final building and zoning inspections, Condition Nos. 10 and 17, above-mentioned, shall
be complied with.
20. 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 applicanYs 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.
THE FOREGOING RESOLUTION was adopted at t e Planning Commission meeting of
March 22, 2004.
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AIRPERSON, ANAHEIM CITY PLANNING C MMISSION
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 March 22, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~_~ay of
, 2004. ,
n /~ G ~ /t
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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