Resolution-PC 2009-001RESOLUTION NO. PC2009-001
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT APREVIOUSLY-APPROVED CEQA NEGATIVE
DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO VARIANCE NO. 2000-04407 AND
RESOLUTION NO. PC2001-16 (TRACKING NO. VARIANCE NO.2008-04760)
(7651.-7673 EAST CORTO ROAD AND 370 - 371 SOUTH TIMKEN ROAD)
WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its
ResoluCion No. PC2001-16, did approve Variance No. 2000-04407 with a waiver of maximum
number of panhandle lots to establish a 4-lot single family residential subdivision; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for a Variance Co modify conditions of approval related to pad elevation heights and request
smaller setbacks and a higher building than required by code to construct four new single family
residences, 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.
WbIEREAS, the property is currently vacant and is located in the Single-Family
Hillside Residential (RH-2) zone, Scenic Comdor (SC) Overlay; and 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 January 5, 2009, 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
Municipal 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 connection
therewith, and that this item was continued from the November 24, 2008 public hearing; 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 requests waivers of the following to construct four new single
family residences:
(a) SECTION NO. 18.04.100.010 Minimum Front Yard Setback (21
feet proposed; 25 feet required).
(b) SECTION NO. 18.04.100.010 Minimum Side Yard Setback (9 feet
proposed; 10 feet required to access
easement and 15 feet required to
property line).
(c) SECTION NO. 18.04.100:010 Minimum Rear Yard Setback L feet
proposed; 25 feet required).
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(d) SECTION NO. 18.04.100:010 Maximum structural heieht (36 feet
proposed; 25 feet permitted).
2. That special circumstances apply to the subject property because the property is
unique in size and shape in comparison to the surrounding RH-2 zoned properties. Moreover,
the lot depth, configuration, and orientation aze existing conditions of the property and these site
constraints would make it difficult to construct homes without the need for the requested setback
waivers.
3. That strict application of the Zoning Code would deprive the property of
privileges enjoyed by other properties with identical zoning in the viciniky and will provide the
opportunity for development of this parcel and implementation of the General Plan land use
designation.
4. That six persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject request.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
has reviewed the proposal and does hereby find that apreviously-approved Negative Declaration
in connection with Variance No. 2000-04407 (Tracking No. Variance 2008-04760) is adequate
to serve as the required environmental documentation in connection with this request.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
for the reasons hereinabove stated does hereby approve the proposed amendment to Variance
No. 2000-04407 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval
adopted in connection with Planning Commission Resolution No. PC2001-16, as adopted in
connection with Variance No. 2000-04407, as 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 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 declazed 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 for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 5, 2009. 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 in the event of an appeal.
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CHAIl2~IAN, NAHEIM P NNING COMMISSION
ATTEST:
SENIOR SECRETARY, AlNAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 January 5, 2009 by the following vote of the members thereof:
AYES: COMMISSIONERS: KARAKI, FAESSEL, RAMIlZEZ, ROMERO,
EASTMAN, AGARWAL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ l day of
January, 2009.
SENIOR SECRIETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
VARIANCE N0.2000-04407
(TRACKING NO. VARIANCE N0.2008-04760)
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EXHIBIT "B"
VARIANCE N0.2000-04407
(TRACKING NO. VARIANCE N0.2008-04760)
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
PRIOR TO ISSUANCE OF A'BUILDING PERMIT
1 That the frontage of Corto Road adjacent to Parcels 1 and 4 Public Works
shall be improved per Standard Detail No. 163. A StreeC Development
I Improvement Plan shall be submitted and a performance Services
bond shall be posted for the four new houses.
2 ThaC a gate shall be installed an Parcel 3 which would Planning, Public
provide a barrier between Pazcels 3 and 4. The gate shall be Works
equipped with a Knox lock as approved by the Fire Development
Department. The location and design of the barrier shall be Services, Fire
reviewed and approved by the Public Works and Fire
Departments prior to issuance of building permits for Parcels
3 and 4 or prior to installation of the driveway providing
access to either Parcels 3 or 4, whichever occurs first.
Construction plans submitted for building permits for Parcels
3 and 4 shall show the location of the gate.
3 That a fire access road for all four parcels shall be reviewed Fire
and approved by the Fire Department. An easement over the
fire access road for emergency purposes shall be offered for '!
dedication to the City of Anaheim.
4 That all retaining walls shall comply with Zoning Code Planning, Public
requirements. Any retaining walls visible to any public Works
right-of-way, private street or public trail shall not exceed a Development
height of six (6) feet. Services
5 That within ninety (90) days of the date of this resolution, or Public Works
prior to the issuance of the first building permit, whichever Development
occurs first, a conformed copy or a copy of recorded Services
agreements to record easement deeds shall be submitted for
the following:
An easement over Parcel 4 for ingress and egress and
drainage in favor of Parcel 1, and drainage in favor of
Parcel 3;
® An easement over Parcel 2 for drainage in favor of
Parcel 4.
a An easement over Parcel 2 for ingress and egress in
favor of Parcel 3.
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• An easement over Parcel 2 for sewer in favor of
Parcels 1, 3 and 4.
• An easement over Parcel 3 for sewer in favor of
Parcels 1 and 4.
• An easement over Parcel 4 for sewer in favor of
Parcel 1.
• An easement over Parcel 1 for water in favor of
Parcels 2, 3 and 4.
• An easement over Parcel 2 for water in favor of
Parcels 1, 3 and 4.
• An easement over Parcel 3 for water in favor of
Parcels 1, 2 and 4.
• An easement over Parcel 4 for sewer and water in
favor of Parcels 1, 2 and 3.
PRIOR TO FINAL ZONING AND'BUILDING'INSPECTION
6 Prior to final zoning and building inspection of a new house Public Works
on Parcel 1, the construction of Corto Road shall be Development
completed. Services
GENERAL'
7 The subject property shall be developed substantially in Planning
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 21,
and as conditioned herein.
S Approval of this application constitutes .approval of the Planning
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.
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