Resolution-PC 2005-15:A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ,
THAT PETITION FOR VARIANCE N0.2004-04633 BE GRANTED, IN PART
(502 SOUTH HARBORBOULEVARD)
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 Califiornia described as:
PARCEL 1: LOT 22 IN BLOCK D OF TRACTNO. 365, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 15, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 2: THATPORTION OF VINEYARD LOT G-5, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE' OFCALIFORNIA;' AS DESCRIBED AS FOLLOWS: `
BEGINNINGAT THE NORTHWEST CORNER OF VIfVEYARD LOT G5, AS PER MAP '
' RECORDED W BOOK 4, PAGES 629 ` AND 630 OF DEEDS, RECORDS OF ; LOS
ANGELES COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG ' THE
NORTHWESTERLY LINE OF SAID LOT G-5, 205.5 FEET; THENCE SOUTHERLY
PARALLEL WITH THE WESTERLY LINE OF'SAIDLOT G-S, 212 FEET TOA POINT IN
THE NORTHWESTERLY LINE OF TRACT NO. 365, AS PER MAP RECORDED IN
BOOK 16, PAGE 14, MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER `OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID
NORTHWESTERLY LINE 205.5 FEE7, T0 A POINT IN THE WESTERLY BOUNDARY' '
LINE OF SAID LOT; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF
SAID LOT G-5 TO TNE POINT OF BEGINNING. ~
EXCEPTING THEREFROM THE SOUTHWESTERLY 12.6 FEET AS CONVEYED TO
THE CITY OF ANAHEIM BY DEEDS RECORDED JANUARY 23, 1911 IN BOOK 1832
PAGE 286, DEEDS AND MARCH 1, 1924 IN BOOK 512 PAGE 264, DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION WCLUDED WITHIN SANTA ANA
STREET AS CONVEYED TO THE CITY OF ANAHEIM, BY DEED RECORDED
NOVEMBER 9, 1937 IN BOOK 915 PAGE 148, OFFICIAL RECORDS.
PARCEL 3: A PORTION OF THAT CERTAIN ALLEY LOCATED IN THE CITY OF
ANAHEIM, ABANDONED PER RESOLUTION NO. 83R-440 OF 7HE CITY COUNCIL OF
THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF VINEYARD LOT G-5 AS PER MAP RECORDED IN SOOK
4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE 15° 28' 30"
EAST 162.00 FEET; THENCE NORTH 74° 24' 45" EAST 119.36 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 15° 28' 30" WEST 162.00 FEET; THENCE
NORTH 74° 24' 45" EAST 152.00 FEET; THENCE SOUTH 74° 24' 45" WEST, 20.00
FEET TO THE POINT OF BEGINNING.
PARCEL 4: LOT 1 IN BLOCK "D" OF TRACT NO. 366, HESS SUBDIVISION, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 15m, PAGE 14 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
CR\PC2005-015
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 13, 2004, notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipaf 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 that said public hearing was continued to the January 10,
and January 24, 2005, Planning Commission meetings; 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 to construct seven (7) single-family residences with waivers of
the following:
(a) SECTION NO. 18.04.060.020 - Minimum lot depth adiacent to an arterial
hiahway (Lot Nos. 1-4)
(120 feet required; 84 feet proposed)
(b) SECTION NO. 18.04.100 - Minimum front vard setback (Lot No."6)
(DELETED)
(c) SECTION N0. 18.04.100 - Minimum rear vard se4back (Lot No. 4)
(DELETED)
(d) SECTION NO. 18.04.110 - Minimum number of ~arking spaces
Lot No. 6
(DELETED)
2. That the above-mentioned waiver (a) is hereby approved based on the special
circumstances applicable to these properties such as size and location, 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 thevicinity.
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. Thatthe 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, since the adjacent neighborhood is developed without the required lot depth.
5. 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.
6. That the above-mentioned waivers (b), (c) and (d) are hereby denied on the basis that they
have been deleted subsequent to advertisement.
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal for waivers ofi: (a) minimum 1ot depth adjacent to an arterial highway,
(b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces
to construct seven (7) single-family residences; and does hereby approve the Negative Qeclaration 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
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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 No. 2004-04633, 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#he City of Anaheim: '
1. That gates shall not be installed across any driveway or private street in a manner which may adversely
affect vehicular traffic in the adjacent pubiic street or alley. Installation of any gates shall conform to
Engineering Standard Plan No. 475. Said requirements shall be subject to thereview and approval of
the City Traffic and Transportation Manager. Said information shaU be specifically shown on plans
submitted for building permits.
2. That trash storage areas shall be provided and maintained 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 #or building permitsfor
Planning Departmenf and Public Works Department, Streets and Sanitation Division approvaL
3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction ofthe Public Works Department, Streets and Sanitation Division. '
Said turn-around area shall be specifically shown on plans submitted for building permits
5. That roll-up garage doors shallbe shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
6. That final detailed landscape and irrigation plans for the proposed development shall be submitted to
tfie Development 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, fiealthy growth.
7. That Variance No. 2004-04633 is hereby granted subject to the approval and recordation of Tentative
Tract Map No. 16794, now pending.
8. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division 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 shaU
occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
9. That aU existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer
shall be responsible for the costs to upgrade or to abandon any water service or fire line.
10. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utility Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
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11. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and from the CityAttorney shall be
posted with the City of;Anaheim.
12: 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 water line from the street to the water meter '
pad for maintenance.
~ 13. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from the public street. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system 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.
14. That all requests for new water services or fire lines, as well as any modifications, relocations, or
~ abandonment of existing water services and fireJines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
15. 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 Gity
of Anaheim prior to connection of electrical service.
16. That any required relocation of City electrical facilities shall be at the property 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.
17. That final detailed site, floor, fencing and elevation plans shall be reviewed by Planning Commission as
a Report and Recommendation item for approval prior to the issuance of building permits.
18. 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 Revision No. 1 to Exhibit No. 1 and Exhibit Nos. 2 through 6, and as conditioned
herein.
19. 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, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 17,
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.
20. That prior to final building and zoning inspections, Condition No18, above-mentioned, shall be complied
with:
21. 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. :
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby,find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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 finaf judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND 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 1n the issuance of required permits or the revocation of the approvaf of this
application.
THE fOREGOING RESOLUTION was adopted'at the Planning Commission meeting of
January 24, 2005 Said resolution is subject to the appeal provisions'sef forth in Chapter 18.60, "Zoning :
Provisions - General" of the Anaheim Municipal Code pertaining to al procedures and may be replaced'
by a City Council Resolution in the event of an appeaL ' ,' F
CHAIRMA , ANAHEIM ANNING COMMISSIO
A
NIOR S TARY, ANAHEIM PLANNING COMMISSION
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 resofution was passed and adopted at a meeting of the Anaheim Planning Commission held an
January 24, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this _L~ day of
, 2005.
SE IOR SECRETARY, ANAHEIM PLANNING COMMISSION