Resolution-PC 2002-49~ •
RESOLUTION NO. PC2002-49
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04490 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:
THE SOUTHEASTERLY 146 FEET OF THE NORTHWESTERLY 366 FEET OF
THAT PORTION OF LOT 38 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY
OF WHICH IS SHOWN IN BOOK 3, PAGE 163 ET. SEQ., ENTITLED "LOS
ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE EASTERLY
328.471 FEET ALONG THE NORTHERLY LINE OF SAID LOT; THENCE
SOUTHERLY 683.073 FEET PARALLEL WITH THE WESTERLY LINE OF SAID
LOTS, THENCE WESTERLY 328.471 FEET PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT TO THE WESTERLY LINE OF SAID LOT, THENCE
NORTHERLY 6.63A73 FEET ALONG TH.E WESTERLY LINE QF SAID LOT 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 25, 2002, at 1:30 p.m., notice of said public hearing having been duly
given as required by faw 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 waivers of the following under authority of Code Section No.
18.03.040.020 to establish a 2-lot detached single family residential subdivision:
(a) Section 18.01.130 - Reguired lot frontage on a public or private street.
(Frontage on a public or private street or alley required; none
proposed for Lot 2)
(b) Section 18.25.061.010 - Minimum lot area.
(10,000 sq.f#. required; J,700 and 9,788 sq.ft. proposed)
(c) Section 18.25.061.020 - Minimum lot width and frontage.
(d) Section 18.25.063.020 - Minimum side yard setback.
(6.6 feet required for proposed 66-foot wide lot; 6 feet proposed)
2. That the above-mentioned waivers (a) required lot frontage on a public or private street,
(b) minimum lot area, and (d) minimum side yard setback, are hereby granted on basis that there are
special circumstances applicable to the property consisting of its size, shape, location and surroundings
because that strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity, which neighboring lots have a similar size
and are long and narrow.
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3. 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.
3. That waiver (c), minimum lot width and frontage, is hereby denied on the basis that
following public notification it was determined the waiver was not necessary.
5. That this variance, as approved, 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 the
property in question.
6. That this variance, as approved, 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.
7. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
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 required lot frontage on a public or private
street, minimum lot area, minimum lot width and frontage (deleted), and minimum side yard setback to
establish a 2-lot detached single-family residential subdivision on a rectangulary-shaped 0.4-acre
property having a frontage of 66 feet on the east side of West Street and a maximum depth of 295 feet,
being located 630 feet north of the centerline of North Street, and further described as 852 North West
Street; 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 preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the street addresses for both parcels shall be readily identifiable to the public right-of-way (West
Street) for the purpose of facilitating more rapid response by emergency personnel. Said information
shall be specifically shown on the plans submitted for building permits.
2. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department and in accordance with approved plans on file with said department; and, further,
that a plan shall be drawn to scale and submitted to clearly show the storage and collection area(s)
for three (3) automated trash barrels for each iot (a total of six (6) barrels for this proposai}.
3. That roll up garage doors shall be shown on the plans submitted for building permits.
4. That a streetlight shall be provided along the West Street frontage to the satisfaction of the Electrical
Engineering Division of the Public Utifities Department. Said information shall be specifically shown
on the plans submitted for building permits.
5. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of
the developer.
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6. That the 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 through 3.
7. 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 and 10, herein-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.
8. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be
complied with.
9. 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.
10. That the applicant shall work with Community Development Department, Neighborhood Preservation
Office, in order to explore options to improve and restore the appearance of the existing structure to
be more compatible with the era in which it was built; and that the resulting efforts shall be submitted
to the Planning Commission for review as a"Reports and Recommendations" item.
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 €ach a~d all of the conditions h.ereinab.ove set forth. Sho.uld 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 the Planning Commission meeting of
March 25, 2002.
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CHAIRPE ON, ANAHEIM PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 25, 2002, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, EASTMAN,
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: VANDERBILT
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
r~~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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