Resolution-PC 2005-19~ ~
RESOLUTION NO. PC2005-19
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR'VARIANCENO. 2004-04640 BE GRANTED
(2034 WEST BROADWAY)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City ofAnaheim, County of Orange, State of California described as:
THE NORTH 250 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF'SECTION 17, TOWNSHfP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN.
' EXCEPTING THEREFROM THE WEST 360 FEET THEREOF. :
ALSO EXCEPTING THEREFROM THE EAST200 FEET THEREOF.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the CiVic Center
in the City of Anaheim on January 24, 2005, at 2;00 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 to construct seven (7) single-family residences with waivers of
the following:
(a) SECTION NO. 18.04.040.010 - Minimum lot area
7 200 square feet required; 6.711 square
feet fo~ Lot No. 3 proposed)
(b) SECTION NO. 18.04.050.010 - Minimum lot width
(70 feet required; 64-69 feet proposed)
2. That the above-mentioned waivers (a) and (b) are 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, including the location of the property at the intersection of two
streets further constraining the divisible lot area because of the additional dedication on Broadway; 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 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 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 some lots in the adjacent neighborhood are developed without the required lot size or width.
5. That the requested variance will not be materially detrimental to the public health or safety or
injurious to the property or improvements in such vicinity and zone in which the property is located.
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6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING` That the Anaheim Planning
Commission has reviewed the proposal to waive the (a)`minimum lot area and (b) minimum Iot width to
establish a 3-1ot, 3-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 tfie 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 subjectproperty in order to preserve the health and safety
of the Citizens of the City of Anaheim:
1. That the legal property owner shall provide the City ofAnaheim with an easementfor electrical service
lines to be determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim prior to connection of efectrical service. ~
2. 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.
3. 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 for building permits for
P{anning Department and Public Works Department, Streets and Sanitation'Division approvaL
4. That all 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.
5. 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.
6. That all addresses for the new homes shall reflect orientation to Camellia Street to facilitate emergency
personnel response. The property owner shall obtain addresses for the residences from the Building
Division.
7. That final detailed landscape, fencing (for Lot 1) and irrigation plans for the proposed development shall be
submitted to the Planning Services Division for review and approval. Fencing along Broadway shall be
setback a minimum of 5 feet. Said landscape plans shall show minimum 24-inch box sized trees, shrubs,
groundcover and vines to be planted in layers adjacent to block walls facing Broadway, and a minimum of
one (1) 24-inch box sized tree in the front yard of each property. All trees shall be properly, professionally,
and permanently maintained to ensure mature, healthy growth.
8. That Variance No. 2004-04640 is hereby granted subject to the approval of Reclassification No. 2004-
00140 and recordation of Tentative Parcel Map No. 2004-297, now pending.
9. That final detailed site, floor and elevation plans shall be submitted to the Planning Services Division for
review and approvaL
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10. That prior to the issuance of a building permit, the City of Anaheim Sewer lmpact Mitigation fee for the
Combined WestAnaheim Area, Zone C shall be paid. The fee is currently $226 per unit for single-family
residential developments.
11. Thaf prior to issuance of any certificate of occupancy, the applicant shall: '
• Demonstrate that all structural BMP's described in the project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMP's describe in the
project WQMP.
• Demonstrate that an adequate number of copiesof the approved projectWQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMP's. _ ,
12. That the developer shall submit improyement plans or'such other plans approved by to the Public Works
Department, Development Services Division to improve Broadway and Camellia Street including an ADA
curb ramp in conformance with Public Works Standard Detail Nos. 160-A and 111. A parkway and
landscaping strip and sidewalk shall be constructed with the parkway irrigation connected to the on-site
irrigation system and maintained by the property owner. Additional right-of way dedication shall be
provided along Broadway. Abond for the required improvements shall be posted in an amount approved
by the City Engineer and in a form approved by the City Attorney prior to the issuance of a building permit. .
A Right of Way Construction Permit shall be obtained form the bevelopment Services Division and all
improvements shall 6e constructed prior to the issuance of the certificate of occupancy.
13. That prior to final occupancy of Lot 1, the developer shall remove the existing driveway approaches and'
replace with curbs, gutters, parkway landscaping and sidewalks. A right of way construction perrnit shall
be obtained from the Development Services Division and the improvements shall be complete prior to
issuance of a certificate of occupancy.
14. 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 Nos. 1 through 10, and as conditioned herein.
15. 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, 5, 6, 7, 8, 9, 10 and 12, 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.
16. That prior to final building and zoning inspections, Condition No. 11, 12, 13 and 14, above-mentioned,
shall be complied with.
17. 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
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.
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BE lT 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 Anaheim Planning Commission meeting
of January 24, 2005. Said resolution is subject to the appeal provisions se rth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appea o u s a d ma e replaced by a City
Council Resolution in the event of an appeal.
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H IRMA , ANAHEIM PLANNING COMMISSION
T•
SENI R S CRETARY, 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 resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 24, 2005, by the following vote ofthe members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSfONERS: NONE
ABSENTc COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this ~,~~"~ day of
, 2005.
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SENIOR SECRE7ARY; ANAHEIM PLANNING COMMISSION