Resolution-PC 2006-93~ ~
RESOLUTION NO. PC2006-93 , .
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2006-04701 BE GRANTED
' (2216 EAST SOUTH STREET)
WHEREAS, the Anaheim Planning Commission did receive averified Petition for Variance for
certain real property'situated in the City ofAnaheim, County of Orange, State of California described as
PARCEL 4 OF PARCEL MAP NO: 2000-253, ASPER MAP RECORDED IN $OOK 330, PAGES 7
T0 9, INCLUSIVE, OF PARCEL`MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, THE NORTHERLY 331:09 FEET OF SAID PARCEL.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on'October_30, 2006, at 2:30 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 Gommission; 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 applicant requests the following waiver to establish a 4-lot, 3-unit detached single-
family residential subdivision:
Section No. 18.04.050.010 Minimum lot width (Minimum width of 70 feet required; 51
feet proposed)
2. That the above-mentioned waiver is hereby granted 6ased on the finding that the single-family ;'
: residential lots to the west and south have similar lot widths of 50 and 55 feet. The site design is consistent
with the character of the neighborhood; and since other properties within the same zoning classification and
on the same street have similar lot widths, strict application of the zoning code would deny this property"a right
that is being enjoyed by other parcels in the immediate vicinity with the same or similar zoning.
3. 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.
4. 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.
5. That one person indicated their presence at said public hearing in opposition and also spoke
on behalf of another homeowner, and one person spoke with questions; and that no correspondence was
received in opposition to subjecfi petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does herebyapprove the Negative Declaration upon finding#hat
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.
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: NOW, THEREFORE, BE IT RESOLVED that the Anaheim'Planning Commission does hereby :<
grant subject Petition for Uariance, upon the ffollowing 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 Anaheimc
1. Thaf roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submittedplans.
2. That,any required7elocation of City electrical facilities shall be at the developer's expense. That
landscape and/orhardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
3. That gates shall not be installed across any driveway or private street'in a manner which may adversely
affectVehicular traffic in the adjacent public street. That if gates are proposed, such installation-shall
conform to Engineering Standard Plan Na 475 and shall be subject to the review and approval of the
< City Traffic and Transportation Manager. Said information shall be specifically shown on plans
submitted for.building permits.
4. That the developer shall submit grading plans to the Public Works Department, Development Services
Division and post a bond to guarantee that the street improvements are constructed as approved by the
City Engineer. The improvements shall be constructed prior to final building'and zoning inspections.
5. That all backflow equipment shall`be iocated above ground outside of the street setback area in a
manner fully, screened from all public streets. Any backflow assem6lies currently installed in a vault'
shall be brought up to current standards: Any otherlarge water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or oufside of the street
setback areas in a manner fully screened from all public streets and alleys. Said information shall be
shown on plans and approved by Water Engineering and Cross Connection' Control lnspector before
submittal for building permits. -
6. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
7, 7hat water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount appro~ed by the City Engineer and City Attorney shall be posted with
the City of Anaheim. That the water improvement plans shall indicate a minimum clearance of five (5)
feet from the water main to the curb and gutter and a minimum clearance of ten (10) feet from the water `
main to the sewer line.
8. 7hat 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 shall occur in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
9. That final detailed elevation plans including colors and materials shall be submitted to the Planning
Services Division for review and approval. Such plans shall reflect further enhancements/additional
architectural design treatments on the elevations of the residences that are visible from South Street
(north elevation of the northern most property and the private street to the south and south elevation of
the southernmost property). Any decision by staff regarding said plans may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
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10. That the owner shall submit a request for termination of Conditional Use Permit No. 302 (to establish a
temporary church use in an existing home) and Conditional Use Permit No. 1246 (to permit a nursery
school in conjunction with an existing church) since these permits areno longer necessary.
11. . That afl air-conditioning facilities and other roof- o[ ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties. Such information shall '
. be specifically;shown on the,plans submitted for'building permits.
12. That all plumbing or other similar pipes and fixtures located on the exterior ofthe building shall be fully
screened by architectural deVices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
13. " That the property shall be permanently maintained in an orderlyfashion byproviding regularJandscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of discovery.
14: That this Variance is granted. subject to the approval of Reclassification No. 2006-00184`and recordation
of Tentative Parcel Map Na 2006-221; now pending. ;
15. That any tree planted on-site shall 6e replaced in a timely manner in the event that if is removed, ;
: damaged, diseased and/or dead.
16. That the locations for future above-ground utility devices including, but nof limited to, electrical
transformers, waterbackflow devices, gas, communications and cable devices, etc., shall be shown'on
` plans submittetl for building permits: Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls; materials, identifiers, access points, etc.)'and shall be
: subject #o the reyiew and approval of the appropriate City departments
17. " That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of
wall and fence locations to determine conformance with Engineering.Standard:No. 115.
18. That #he developer shall subm.it improvement,plans to the Public Works Department, Development
Services Division to construct an 8' wide landscaped parkway and 4' wide sidewalk adjacent to the new
church parking lot and new homes along Priscilla Street. The curb adjacent sidewalk between South
Street and the new driveway approach shall remain where it is.
19. That parkway landscaping and sidewalk shall be constructed with the parkway irrigation connected to the
on-site irrigation system and'maintained by the property owner. A bond shall be posted in an -amount
approved by the Oi#y fngineer and a form approved by the City Attorney prior to issuance of a building
permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all
work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning
inspections. .
20. That prior to grading plan approval, the applicant shall demonstrate that coverage has!been obtained under
California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a
copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the
- subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant ;
shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current
SWPPP shall be kepf at the project site and be available for City review on request.
21. That the applicant shall submitto the Public Works Department, Development Services Division, for
review and approval, a Water Quality Management Plan, as described in Drainage Area Management
Plan for Orange County. Said WQMP shalL•
• Address Site Design Best Management Practices (BMP's) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or °zero
discharge" areas, and conserving natural areas.
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• Incorporate applicableRoutine Source Control BMP's. -
• 'Incorporate Treatment Control'BMP's. :
• Describe the long-term operation and maintenance, identifles the responsible parties, and funding
mechanisms forthe Treatment Control BMP's.
22. That prior fo issuance of the first building permi#; the final map shall be submitted to and approved by the
City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder.
23. That prior to issuance of certificate of occupancy, the applicanf 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 described in the
Project WQMP: _
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit forreview and approval by the City an Operation and Maintenance Plan for all structural BMP's.
24. The City of Anaheim Sewer lmpact and Improvement Fee fo~ the Old Town/ Basin 8 area shall be paid.
The fee is currently $1,824/ unit for residential developments.
25. That subject property shall be developed substantially in accordance with pians and specifications
submitted to the City ofAnaheim by the applicant and which plans are on file with the Planning Department
: marked Exhibit Nos. 1 through 3, and as conditioned herein.
26. That final site plans shall be sulimitted to the Planning Services Division indicating a varying setback
from Priscilla Street.' '
27. That prior to approval of a grading plan, Condition Nos. 4 and 20, above-mentioned, shall be complied
with. :
28. 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, 7, 9, 10, 11, 12, 14, 16, 17, 18, 19, 21, 22, 24 and 26, ;
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 MunicipaL
29. That prior to final building and zoning inspections, Condition Nos. 4, 6, 19, 23 and 25; above-mentioned,
shall be complied with.
30. 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 federaf
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.
; 31. That timing for compliance with conditions of approval may be amended by the PlanningDirector uporr a
showing of good cause provided (i) equivalent timing is established that satisfies the original' intent and
purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progresstoward establishment of the use or approved
development. ,
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 fhe 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 IT FURTHER RESOLVED that'the applicant is responsible for paying all charges;related
_ J to the processing of this discretionary case application within 15 days' of the issuance of #he final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall
: resulf in delays in the issuance of required permits or the revocation of the approva('of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission'meeting of
October-30,' 2006. Said resolution is subject to the appeal provisions'set forth in Chapter 18.60, :"Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures e replac d b ` ity Council
Resolution in the event of an appeal.
CHAIRMA ,'AN EIM PLANNINGCOMMIS
ATTEST: "
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM ' }
I, Eleanor Morris, 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 heldon
October 30, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, t have hereunto set my hand this ~ day of
Iv/Ve M r , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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