Resolution-PC 2003-4~
RESOLUTION NO. PC2003-4
~
A RESOLUTION OF THE ANAHEfM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04542 BE GRANTED
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 THREE OF HEIN'S SUBDIVISION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 10, PAGE 40 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, SHOWN AND DEFINED AS PARCEL 1 ON LOT LINE
ADJUSTMENT NO. 000440, RECORDED MARCH 26, 2001 AS INSTRUMENT NO.
20010173107 OF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a pubfic hearing at the Civic Center in
the City of Anaheim on January 13, 2003, 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
an_d in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts: - -
That the petitioner proposes the following waivers to construct five single-family residences:
(a) Section 18.26.061.020 - Minimum lot width and frontaqe.
(70 feet required in the RS-7200 (Residential, Single Family) Zone;
53%z feet proposed)
(b) Section 1826.065.010 - Orientation of residential structures adiacent to arterial hiahways.
(Single-family residential structures required to rear onto arterial
highways; Five houses proposed to front onto Sunkist Street)
2. That the above-mentioned waiver (a), minimum lot width and frontage, is hereby granted on
basis that there is a special circumstance applicable to the property consisting of its long depth which does
not apply to other identically zoned property in the vicinity and, therefore, the proposed lot sizes (9,389 sq.ft.)
are 30% larger than required by Code (7,200 sq.ft.) although the width is narrower 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 because there are existing lots in the area with similar lot
widths.
3. That the above-mentioned waiver (b), orientation of residential structures adjacent to arterial
highways, is hereby granted on basis 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 because existing
single-family homes and lots in the area are oriented so as to front onto Sunkist Street.
4. 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.
5. 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 the property in
question.
cr\PC2003-4.doc -1- PC2003-4
~
~
6. 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.
7. That one person spoke at the public hearing in favor of the proposal.
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 (a) minimum lot width and frontage and (b) orientation
of residential structures adjacent to arterial highways to establish a 5-lot single-family residential subdivision
and to construct five single-family residences on a rectangularly-shaped 1.07-acre property having a frontage
of 268 feet on the east side of Sunkist Street and a maximum depth of 174 feet, being located 400 feet north
of the centerline of South Street, and further described as 610 South Sunkist Street; and does hereby
approve the Negative Declaration upon finding that the dectaration 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 initiaf 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, 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 alf requesfs for~ ~i~w water s~rv~ces or frre t~nes, as well as a~ty modifisatio~s, r~locatio~s or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division, Public Utilities Department.
2. That the property owner/developer shall install street lights on Sunkist Street; and that a bond shall be
posted prior to issuance of building permits to guarantee said installation. The street lights shall be
installed prior to occupancy of the first house.
3. That any required relocation of City electrical facilities shall be at the developer's expense.
4. That the property owner/developer shall submit and complete an application with the Water Engineering
Division, Public Utilities Department, to abandon the existing well site located on the property in
accordance with Engineering Standard No. W-630 and to the satisfaction of the Water Engineering
Division. Said well site shall be abandoned prior to issuance of a certificate of occupancy for the first
house.
5. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Public Utilities Department for continued use shall be upgraded to
current standards or abandoned by the developer. If the existing services are not longer needed, they
shall be abandoned by the developer.
6. That each lot shall be assigned a street address by the Building Division.
7. 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 area(s) shall be specifically shown on the plans submitted for building permits.
8. That approval of this variance is contingent upon approval of Tentative Tract Map No. 16340, now
pending, and recordation of a Final Map.
That all driveways shall be constructed with enhanced paving. Said information shall be specifically
shown on plans submitted for building permits.
-2- PC2003-4
~ ~
10. That subject property shall be deveioped substantialiy in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department
marked Exhibit Nos. 1 through 7, and as conditioned herein.
11. 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, 4, 6, 7, 8, 9 and 14, herein-mentioned, shall be
complied with.
12. That prior to final building and zoning inspections, Condition Nos. 2, 4, 10 and 14, herein-mentioned,
shall be complied with.
13. 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.
14. That a landscaping plan shall be submitted to the Zoning Division, Planning Department, for review and
approval by the Planning Commission as "Reports and Recommendations" item; and that the
landscaping shall be installed and maintained in accordance with the approved landscaping plans.
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 the Planning Commission meeting of
January 13, 2003.
~ ~c -
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this oZ g~~' day of
0.W , 2003.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2003-4