Resolution-PC 2004-89~ ~
RESOLUTION NO. PC2004-89 `
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04619 BE GRANTED
(1429 WEST CRONE AVENUE)
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 EAST70 FEET OF THE WEST 280 FEET OF THE SOUTH 300 FEET OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF LOT 48 OF THEANAHEIM EXTENSION, IN
THE CITY OFANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP
-0F SURVEY BY WM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163, ET
` SEQ. ENTITLED "LOS ANGELES COUNTY MAPS".
EXCEFT THAT PORTION THEREOF LYING SOUTH OF THE NORTH LINE OF THAT
STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO THE CITY OF ANAHEIM BY DEEDS
RECORDED MARCH 2, 1908 IN BOOK 157, PAGES 334 AND IN BOOK 957, PAGE 335
OF'DEEDS RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 9, 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
18.60, 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 to establish a two-lot, RS-2 single-
family residential subdivision:
SECTION NO. 18.92.150 Minimum lot frontaqe on a public or private street (frontaqe
abuttina at least one public or private street with leqal access
to a qublic riqht-of-way or allev required; no frontaae
proposed).
2. That the above-mentioned waiver is hereby granted based on the special circumstances
of this property due to its long depth and narrow width, making compliance with these Code standards
difficult.
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.
4. 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.
5. That 2 people spoke with concerns regarding parking; and that no correspondence was
received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That theAnaheim City
Planning Commission has reviewed the proposal to waive the of minimum lot frontage on a public or
private street for a two-lot single-family residential subdivision; and does hereby approve the Negative
CR\PC2004-089 -1- PC2004-89
~ ' ~
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#he 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 thefiollowing 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 Gitizens of the City of Anaheim: '
1. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior
to the issuance of a building permit. The fee is currently $ 12,353/acre. Credit will be applied for the
current development. The project architect or engineer must document the existing impervious area
and the proposed impervious area. If the impervious area remains the same or decreases, no fee is
due. Jf the impervious area increases, the fee will be proportional to the increase.
2. That the City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim, Zone C Area
shall be paid prior to the issuance of a building permit, The fee is currently $ 218 / unit for residential
, developments. _
3. That a detail of trash barrel storage location and trash collection pickup shall be approved by the
Public Works Department, Streets and Sanitation Division.
4. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained as shown on submitted plans. :
5. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence. ';
6. That Variance No. 2004-04619 is hereby granted subject to the approval and recordation of
Tentative Parcel Map No. 2004-137, and finalization of Resolutio~n No. 2004-00126 now pending.
~
7. That signage as approved by the Planning Services bivision shall be installed and readily visible
from Crone Avenue, indicating the address and location of the rear house to facilitate response by
emergency vehicles.
8. That the legal owner of Lot No. 2 shall acquire a recorded unsubordinated covenant granting an
access easement from the legal property owner of Lot No. 1 for ingress and egress purposes to
subject property. Said easement shall be designed in a manner satisfactory to the City Traffic and
Transportation Manager and said covenant shall be in a form satisfactory to the City Attorney. A '
copy of the recorded covenant shall be submitted to the Planning Services Division.
9. 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 No. 1 and as conditioned herein.
10. 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 and 8 above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Chapter 18.60 of the Anaheim Municipal Code.
11. That prior to final building and zoning inspections, Condition Nos. 7 and 9, above-mentioned, shall
be complied with.
-2- PC2004-89
~ ~
12. That approvaf of this application constitutes approval of the proposed request only to the extent that
it compiies with theAnaheim 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 orrequirement.
BE IT FURTHER RESOLVED that the Anaheim CityPlanning Commission does hereby
find and determine that adoption of this Resolution' is expressly predicated upon applicanYs compliance
with each and all of the conditionshereinabove set forth. Shouid any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgmenf 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
August 9, 2004. Said resolution is subject to the appeai provisions set forth in Chapter 18.60, .
"Procedures" of the Anaheim Municipal Code pertaining to appeal proce es and may replaced by a '
City Council Resolution in the event of an appeaL ~
CHAIRPERS N, A HEI CITYPLANNING COMMISS
RTTEST: _
~-~-„~,,,~....~-- ~',-~~ ,
SEN10R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ~
I; Eleanor Morris, 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 August 9, 2004, by the following vote of the members thereof: ~
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDER8ILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this l~O ~ day of
~ , 2004.
~
~. „~.,,,~-e._ /~~c~v
~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION