Resolution-PC 2005-11s •
RESOLUTION NO. PC2005-11
A RESOLUTION OF THE'ANAHEIM PLANNING COMMISSION
' THAT PETITION FOR VARIANCE N0. 2004-04637 BE GRANTED
(331 EAST SIMMONS AVENUE)
WHEREAS, the Anaheim 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 SOUTH 220 FEE1" OF THE WEST 165 FEET OF THE EAST 495 FEET OF LOT
TEN OF ORANGEWOOD TRACT, JN THE CITY OF ANAHEIM, COUNTY OF
-0RANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7,
PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City ofAnaheim on January 10, 2005, 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
(Procedures), 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 5-lot, 4-unit, RS-3 single-
family residential subdivision:
SECTION NO. 18.92.150 Lot frontaqe on a public or private street.
(Frontage required; private access proposed)
2. That the above-mentioned waiver is hereby granted on the basis that there are special
circumstances applicable to the property such as the unusual depth which do not apply to other identically
zoned property in the same vicinity; and 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.
3. That there are exceptional or extraordinary circumstances or conditions applicable #o 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 viciniry and zone.
4. 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.
5. That the requested variance will not be materially detrimental to the public health and safety
or injurious to the property or improvements in such vicinity and zone in which the property is located.
6. That the applicant stipulated to working with Planning Services Division staff on the final
elevation plans to minimize any visual intrusion to the privacy on the single family residence to #he east from
the second floor windows of the new homes.
7. That 2 people indicated their concems at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CR\PC2005-011 =1- PC2005-11
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning '
Commission has reviewed the proposal to waive required lot frontage on a public or private street to
establish a 5-lot, 4-unit detached single-family residential subdivision; and`does hereby approve the Negative
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 the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 health and safety
of the Citizens of the City of Anaheim:
1. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for
a domestic above-ground water meter in addition to providing a,5-foot wide clearance around the water `
meter pad and a 10-foot wide access easement along the waterJine from the street to the water meter
pad for maintenance.
2. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fullyscreened from the public street. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large watersystem equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans submitted for approval by the Water Engineering Division of the Public
Utilities Department
3. That all existing water services shall conform to current Water Utility Standards: Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current standards, or
abandoned by the property owner/developer. If the existing services are no longer needed, they shall
be abandoned by the property owner/developer.
4. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Public Utilities Department
5. That prior to submitting the water improvement plans, the property owner/developer shall submit a
water system master plan, including a hydraulic distribution network analysis, to the Water Engineering
Division of the Public Utilities Department for review and approval. The master plan shall demonstrate
the adequacy of the proposed on-site water system to meet the project's water demands and fire
protection requirements. '
6. That prior to application for water meters, fire lines or submitting the water improvement plans for
approval, the property owner/developer shall submit to the Water Engineering Division of the Public
Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water system improvements required to
serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
7. That individual water service and/or fire line connections shall be required for each parcel and/or
residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
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8. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed in compliance with City Ordinance Na 5349 and Chapter 10.19 of the Anaheim
Municipal Code. Said information shall be specifically shown on plans submitted for building permits.
9. That the legal property owner shall provide the City of Anaheim with an easement for electrical service
lines to be determined as electrical design is completed. Said easement shall be submitted to the City
of Anaheim priorto connection of electrical service. _
10. That any required relocation of City electrical facilities shallbe at theproperty owner/developer's
expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and
shall be shown on plans submitted.for building permits.
11. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 :
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
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12. That trash storage areas shall be provided andmaintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
' Department. Said information shall be specifically shown on the plans submitted for building permits for
- Planning Departmenf and Public Works Department, Streets,and Sanitation Division approvaL
' 13. That a plan sheet for solid waste storage, collection and a plan for recycling shalF be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
14. 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.
15. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged; diseased and/or dead.
16. 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.
17. That a fina! detailed landscape and irrigation plans for the proposed development shall be submitted to
the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-
inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and
minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly,
professionally, and permanently maintained to ensure mature, healthy growth. And the final fencing
plans shall be submitted to the Planning Services Division for review and approval. Said plans shall
include a 5-foot wide, fully landscaped setback adjacent to Simmons Avenue.
18. That Variance No. 2004-04637 is hereby granted subject to the approval and recordation of Tentative
Tract Map No. 16803, now pending.
19. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by project applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
20. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 20,
above-mentioned, shall be complied with.. Extensions for further time to complete said conditions may :
be granted in accordance with Section 18.60.170 of the Anaheim Munic+pal Code.
-3- PC2005-19
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21,. That prior to final building and zoning inspections, Condition Nos. 3 and 19 above-mentioned, shall be
complied with.
22. 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.
23. Prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicanf is prepared to implement all non-structural`BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved'Project WQMP are available
' onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs. ' '
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24: The vehicular access rights to Harbor Boulevard along Lots 1 through 4 shall be released and
relinquished to the City of Anaheim. Said lots shall have vehicle access from the alley.
25. The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement on the final
map, 60-feet in width from the centerline of Harbor Blvd and a corner cut-off, and 30-feet in width from
the centerline of Helena Street for road, public utility and other public purposes. :
26. The applicant shall irrevocably offer to dedicate an easement on the final map for alley, public utility and
emergency and maintenance purposes including ingress and egress rights for the proposed alley
realignment.
27. Prior to issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the Old
Town/ Basin 8 shall be paid. The mitigation fee is currently $1,706! unit for residential developments.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application. .
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 10, 2005. Said resolution is subject to the appeal provision t forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to app 1 o ur an m replaced by a City
Council Resolution in the event of an appeaL
CHAIRMAN, A AHEIM PLANNING COMMISSION
A T:
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SENI CRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Pat Chandler, 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 10, 2005, by the following vote of the members thereof:
AYES: GOMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
: NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: O'CONNELL
VACAN7: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2005.
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2005-11