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Resolution-PC 2008-41RESOLUTION NO. PC2008-41 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING ' VARIANCE NO. 2007-04745 (717 SOU'~H DALE AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance No. 2007-04745 for certain real property situated at 717 South Dale Avenue in the City of Anaheim, County of Orange, State ofCalifornia, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the petitioner requests approval of a waiver of minimum lot depth to establish a 4-lot single-family detached residential subdivision; and WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on March 31, 2008 at 230 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 vaziance 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 heazing, does find and determine the following facts: 1. That the petitioner requests waiver of the following to estabiish a 4-lot single- family detached residential subdivision: (a) SECTION NO. 18.04.060A20 Lot Depth and Orientation 95-foot and 82-foot lot depths proposed; 120-foot lot depth required adjacent to an arterial highway) 2. That special circumstances apply to the sub~ect property because of the unique size of this property in comparison with surrounding lots, and the desire to keep the current residential structure on Lot No. 1, a 120 foot lot depth adjacent to Dale Avenue would limit the number of lots that could be developed by Code; therefore, there are special circumstances that apply to the subject property due to the irregular size of the property as compared to other properties in the neighborhood. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity as there aze other lots with single-family residences in the vicinity adjacent to Dale Avenue with lot depths less than 120 feet. Therefore, lot depths of 95 and 82 feet for Pazcels 1 and 3, will provide the opportunity for development of this pazcel and implementation of the General Plan land use designation. -1- PC2008-41 4. That four people indicated their presence at said public heazing in opposition; and that a petition was received with 15 signatures in opposition to subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and detemune that the Negative Declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve Variance No. 2007-04745 to waive the minimum lot depth xequirements, on the basis of the aforementioned findings and upon the following conditions which aze hereby found to be a necessazy 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: Responsible No. Conditions of Approval for Monitorin TfIt1ING: GE'N ERAL ~~, ~° ~~ ` ~ ~ ~ . ~ 1 The subject properiy shall be developed substantially in Pianning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. 2 That prior to issuance of a building permit, or within a period Planning of two (2) yeazs from tha date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall be complied with. Extensions for fiirther time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. 3 Approval of this variance is granted subject to the approval of Planning Reclassification No. 2007-00214 and Tentative Pazcel Map No. 2005-285. 4 Approval of this application constitutes approval of the Planzung 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 regazding any other applicable ordinance, regulation or requirement. -2- PC2008-41 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Mazch 31, 2008. Said resolution is subject to the appeal provisions set forth an Chapter 18.60 "Procedures" of the Anaheun Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 1., CHAIRMAN PRO- ATTEST: ~~ ~_ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COLINTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION I, Eleanor Morris, 3enior 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 March 31, 2008 by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO,VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA IN WITNESS WI3EREOF, I have hereunto set my hand this '~r d day of a r; , 2008. ~-- SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-41 1 1 1 1 ) W ~ Z W ~ Q W J Q ~ 4 0 n _ ~. ~ a ~d w J U ~ m U 50 10~ ~ ~e~ Q Subject Property Reclassification No. 2007-00214 Tentative Parcel Map No. 2005-285 Variance No. 2007-04745 717 South Dale Avenue ~ W.BPOAOWAY I W,OPqXG AVE ~ ~ = ' o w , ~ ' ; ~ ~ • w.enu no ~ ~ '~• ~' w 1 ~ ~' 0' m, ] 10501 Z J k Z J ~ N Y U ~ WESTHAVEN DR STONYBROOK DRIVE WESTHAVENOR Source: Recorded Tract Maps and/or Cdy G IS. Please nole the acaracy is +/- lwo lo five feel.