Resolution-PC 2000-39~
RESOILUTION NO. PC2000-39
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4390 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 LOT 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP
OF SURVEY BY WILLIAM HAN1EL, A COPY OF WHICH IS SHOWN IN BOOK
3, PAGES(S) 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS; IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, BOUNDED AS FOLLOWS:
EASTERLY BY THE MOST WESTERLY LINE OF TRACT NO. 1428 AS
SHOWN ON A MAP RECORD~D IN BOOK 47, PAGE(S) 8 AND 9 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
WESTERLY BY THE EASTERLY LINE OF TRACT NO. 2481 AS SHOWN ON A
MAP RECORDED IN BOOK 72, PAGES(S) 29 OF SAID MISCELLANEOUS
MAPS;
NORTHERLY BY THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF LOT 28 OF SAID TRACT NO. 1428; AND
SOUTHERLY BY THE WESTERLY PROLONGATION OF THE SOUTHERLY
LINE OF LOT 1 OF SAID TRACT NO. 1428.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 27, 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
~ndings and recommendations in connection therewith; and
WHEREAS, said Commissibn, 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:
residence:
That the petitioner proposes waivers of the following to construct a single-family
(a) Section 18.21.063.020 - Minimum side yard setback.
(10 feet required for residences in the RS-A-43,000 zone;
5 feet proposed from west and east property lines)
(b) Section 18.21.063.010 - Minim~um front yard setback.
(c) Section 18.21.065.010 - Required orientation of residences adjacent to an arterial hiqhwav.
(single-family residences required to rear on arterial highways;
residence proposed to front on Lincoln Avenue)
2. That waiver (a), minimum side yard setback, is hereby granted on the basis that the
narrow 30-foot width of this RS-A-43,000 (Residential/Agricultural) zoned property creates a special
circumstance which prohibits residentiat development in accordance with Zoning Code requirements;
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and that the proposed 5-foot setbacks will match existing side yard setbacks on adjacent and nearby
residential properties.
3. That waiver (b), minirnum front yard setback, is hereby denied on the basis that it was
deleted following public notification.
4. That waiver (c), required orientation of residences adjacent to an arterial highway, is
hereby approved on the basis that this is an in-fill project which will match the orientation of existing
adjacent and nearby residential properties to the east; and that vehicle access to this property will be
from a public alley (north of and parallel to Lincoln Avenue) and that no vehicle access will be available
from Lincoln Avenue.
5. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that 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 ~he
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 no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum side yard setback, minimum
front yard setback and required orientation of residences adjacent to an arterial highway to construct a
single-family residence on a rectangularly-sliaped 0.46 acre property, having a frontage of 30 feet on the
north side of Lincoln Avenue and a maximurm depth of 680 feet, being located 160 feet east of the
centerline of La Plaza, and further described as 1429 East Lincoln Avenue; 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, 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 presenre the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the existing alley opening on Lincoln Avenue shall be removed and replaced with standard
curb, gutter, sidewalk and landscaping~. Vehicle access to this site shall be provided by the existing
public alley on the east side of the property and behind the proposed residence.
2. That, if required by the Urban Forestry Division of the Community Services Department, street
tree(s) shall be planted by the property owner within the public right-of-way adjacent to Lincoln
Avenue. The size, type and number of tree(s) shall be provided to the satisfaction of the Urban
Forestry Division.
3. That a minimum twenty five (25) foot deep fully landscaped yard shall be provided to the rear of this
property north of the proposed driveway to ensure adequate on-site open recreational leisure
space. Said yard shall be specifically shown on plans submitted for building permits.
4. That any required relocation of city electrical facilities to be at developer's expense.
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That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
6. That trash barrels shall be stored out of the public's view.
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7. That the vehicular access rights to Lincoln Avenue shall be released and relinquished to the City of
Anaheim.
8. 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, 2 and 3, and as conditioned herein.
9. That prior to issuance of building permits or within a period of one (1) year from the date of this
resolution, whichever occurs first, Con!dition Nos. 3, 5 and 7, 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.
10. That prior to final building and zoning inspections, Condition Nos. 1, 2 and 8, above-mentioned
shall be complied with.
11. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipa~ 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 fo~th. 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 adoptec~at t~Planni Commission meeting of
March 27, 2000. //
CHAIRPERS~4 PRO TEMPOR~,
ANAHEIM CVfI~' PLANNING COMMISSION
ATTEST:
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SECRE ARY, HEIM CITY PLANNING COMMISSION
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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 March 27, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN `~'1
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
, 2000.
SECRETARY, AAIAHEIM CITY PLANNING COMMISSION
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