PC 85-82RESOI.UTIOPI N0. PC85-82
A RESOLUTION Ob' T[iE ANAHEIM CITY PLl,NClING COIdMISSZON
THAT YE:Ii'ION FOR VARIANCE NO. 3964 BE GRANTED
WH~REP.S, the Anaheim City Planning Commission ~.id receive a ve[ified
Petitton f~L Variance crom DOYLE ~. SMITH AND MARJORIE L. SMITH, 28544 Nuevo
Valley D:ive, Nuevo, California 92367, o~ners, and LYNN ~;. THOMSEN, 1433 West
Janeen Way, Anaheim, California 92801, agent for certain real propecty
situatea in the Cit}• of Anaheim, County of Orange, State of CaliEornia
desccibed as:
LUT 4 UF "TR,+.CT N0. 1322'~ AS SHOWN ON A MAP RECORDED IN BOOK
40 PAGE 7 OF M:SCELLANEOUS MAPS, RECORDS OF ORANC•~ COUNTY,
CALI['ORNIA.
WFIEREAS, the City Planning Co;nmissinn did hold a public hearing at
Lhe Civic Center in the City of Anaheim o~~ March 4, 1985, at 1:30 p.m., notice
of said public hearing haviny been duly given as requiced by law and in
accordance with the provisions oi the Anat~eim ptunicipal Code, Chapter 18.03,
to hear and consider evidence for and a~ainst said proposed variance and to
investigate and make Eindings and re~ommendations in connection therewith;
said public hearing having been c~r.tinued to the Planning Commission meeting
of P.pril 1, 1985; and
61Hk:REAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and ceports cEfered at said hearing, does find and determine the
following facts:
1. That the petil-ionec proposes aaivers of the following to
establish a 4-lot, kS-720U single-family subdivisi.on:
(a) SE(;TION 18.01.130 - Required lot frontaae
(Frontage on dedicated street or atlev
required; private street frontaae for
lots 2, 3, and 4 proposed)
(b} SECTION 18.26.061.020 - Minimum lot widl-h and f~ontane
(70 feet required; 60 feet for Lot No. 4
proposed)
(c) SECTION 18.26.063.010 - Minimum front vard setback
(25 feet required; 14 feet for Lot No. 1
and 15 to 25 feet for Lot No. 2 proposed)
(d) SECTION 18.26.063.03U - Minimum cear yard setback.
(25 feet required; 10 feet foc Lot No. 1
and 15 feet for Lot No. 2 proposed)
(e) SECTION 18.26.065.U10 - Permitted orientation of structures.
(Structures required to rear-on
aCteCidl hiqhwdys; SttUCtUI@ oIi Lot NO. .~
proFOSed to side-on Cerritos Ave )
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PC85-82
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z• That the abcve-mentioned waivers are hereby granted on the
b~sis that thece specia~ circumstances applicable to the propecty such as
size, shape (eepecially its narrowness}, top~9raphy, location and surtoundings
which do not apply to other identically zoned property in ~he same vicinity;
and that strict applir_ation of the Zoning Code depri•~es the pcoperty of
pcivileg?s enjoyed by other properties in the identical zone and
classification in the vicinity.
3• That there are exceptional or extraordinery circumstances or
conditions applicable to the property invol~ed or to the intended use of the
sameevicinitt `~o not a~ply yenerally to r_he property oc class of use in the
y and zone.
4• That the reque~ted variance is necesFCiry for the preservation
and enjoyment oE a substantial property riyht ;~os::essed by other property in
the ,attie vicinity and zone, and dpnied to the prop~~~y in question.
5• That the requested variance will not be materially dPtrimental
to th~ public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
6• ':hat 11 persons indicated tneir presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subject peGition.
ENVIROPJMENTAI. ?MPACT FINDING: That the Anah~im City
Commission has reviewed the ~- Planning
single-Eamiiy subdivision with Wdi~ePosa f ~ quiredabotsh£ronta4elot, RS-7200
width and frontage, minimum front yard setback, minimum rear 9' minimum lot
permitted orientation of stcuctures on a cectangularl Yard setback, and
consisting of appco~;imately 0,75 acre, having a front ge hof ea parcel of land
feet on the north s:de of Cecritos Avenue, and further describ dc~asm1643yWest
Cerritos Avenue; and does hereby approve the Negative Declaration upon findir.g
that it has considered the Negative Declaration together with any comments
received during tne public review process ar.d further finding on the basis of
the initial study and any comments rece:ved that there is no substantia7
e~idence that the project will ha~~~ ~
-i;ritica„L eFfect on the environment.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Vari.ance, upon the following
conditions which ace 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 the City of Anaheim:
1. That the owner cf subj2ct pcoperty shall irrevocably offer to
dedicate to tha City ot Anaheim a strip of land 45 feet in width
from the centerline ~t the street along Cerritos Avenue for street
widening purposes,
2. That all engineering requirements of the City of Anaheim along
Cerritos Avenue, including preparation of improvement plans and
installaCion of all improvements such as curbs and g~tters,
side:~alks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied
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PC85-82
with as required by the City EnginE•er and in accordance with
specifications on file in the Office of the City Engineer. This
shall include relocation of the existing ~urb and yutter to the
ultimate location, construction of new asphalt pavement as required,
and reconstruction or capping the existing pavement to the center
line of l•he street; and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount and
form satisfactory to the City of Anaheim, shall be posted with the
City to guarantee the satisfactory completion of said improvements.
Said security shall he po~ted ~aith the City prior to issuance of
building permits, to guarantee the installation of the
above-required improvements prior to occupancy.
3. That the owner of subject property chall pay to the City of Anaheim
a fee for tree planting ncrposes along Cerritos Avenue in an amount
as determined by the City Council.
4. i~hat prinr to issuance of a building permit, appropriate park and
recreakion in-lieu fees shall be paid to the City of Nnaheim in an
amount as determined by the City Council.
5. That prior to issuance of a bailding permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
anount as determined by the City Cauncil for each new dwelling unit.
6. That the private street shall be devaloped in accordance with the
City of Anaheim's Standard Detail No. 122 for private streets,
including installarion of street name signs. Plans for the orivate
street lighting, as required by the standard detail, shall be
submitted to the Building Division for approval and included with
the building plans ~rior to the issuance of building permits.
(Private streets are those which provide primary access and/or
circulation within the project).
7. That drainage of subject property shall be disposed of. in a manner
sati.sfactory to the City Engineer.
8. That prior to commencemenl: of structura7 framing, fire hydzan~s
shall be instali~d and charged as required and determined to be
necessary by the Chiei of the Fire Depart.ment.
9. That prior to issuance of a bu;7.ding perm;t, primary water main fees
shall be pazd to the City of Anahe~:*., in an amount as determined by
the Office of the Utilities General P1ann~er.
10. That the owner of subject propecty shall pay tc the City of Anaheim
a fee for street lighting along Cerritos Avenue in an amount as
determined by the City Council.
11. That all driveways shall be constructed to accommodate ten (lOj foot
radius curb reL-urns as required by the City Traffic Engineer.
12. That the ownec(s) oi subject property shall install "no parking"
signs on the private street to the satisfaction of the City T:affic
L•'ngineer.
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13. That the turn-around area located at the terminus of the private
street cul-de-sac shall b
e designed to the satisfaction of the City
Engineer, City Traffic Engineer, City Fi
ce Marshall and the Street
Flaintenance an~ Sanitation Division.
I 14. That the two (2) Eoot wide Southern Califorr,ia Edison Easement
located approximatel
50
:~; y
feet from and parallel to the north
property line shal2 be aba.ndoned or relocat
d
e
to the satisfaction of
the City Electrical Engineering Division.
15. That all lots within this subdivisicn shall b
utilities.
e served by underground
;
t~ 16. That a private sewer system ~hall be provided on-site to the
satisfaction of the Cit
E
i
y
ng
neer and the Street
Sanitation Division. Maintenar.ce and
17. That a parcel map to record the approved division of subjCct
property shall be submitted to and approved by the City oP Anaheim
and then be recorded in the Office of the Orange County Recorder.
18. Tha~ temporary street name signs shall be installed prior to any
occupancy if permanent street name signs have not been installed.
19. Ttiat gates shall not be installed across any driveway or private
street in a manner which may adversely affect vehicular traffic in
the adjacent public stceet, InstallaL-ion of any gates within a
distance of forty (90) feet from said public screel- right-of-way
shall be s~bject to the review anc~ approval of the City Traffic
Engineer.
20. That prior to Final street inrspections, "NO parking for street
sweeping" signs shall be installed as required by the Street
Plaintenance and Sanitation Divis~on and in accordance with
specifications on file with said division.
21. That all air conditioning facilities sha?7 bc prop<rly si~ielded from
~~~w. aiid che sound buffered from adjacent residential properties.
22, That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Revision No. 1 of Exhibit No. 1 and Eshibit Nos. 2 and 3.
23. That prior to xssuance of a building permit, or within a period of
one year from the date of this resolution, whichever occura first,
Condltlon Nos. 1, 2, 3, 4, 5, 6, 9, 10, 13, 14 dnd 17,
above-mentioned, shall be complied with. Extensions for furl•her
time to complete said con~9itions may be granted in acco~darice with
Section 18.03.090 of the Anaheim Municipal Code.
24. That prior to final building ar.d zoning inspections, Conditiun Nos.
7, 11, 12, 15, 16, 18, 79, 21 and 22, above-mentioned, shall be
complied with.
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PC85-82
BE IT FUP.THER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's complianc~ 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, sha11 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approv~ by me this lst day
of April, 1985.
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CHAIRMAN, ANRFY M CITY PLAND]ING COMMISSION
ATTEST:
(a 11~~G~. .~ ~., .
SECRETARY, ANAHEIhf CITY PLANNING COMMISSION
STATE OF CALIEORNIA )
COUhTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on Apri.l 1,
1985, by the following vote ot the members thereof:
AYES: COMMISSIONERS: ROUAS~ BUSHORE~ FRY, HERBST, KING, LA CLAIRE~
bIC BURNEY
NOES: COt4MISSI0NER5: NONL•'
ABSENT; COMDIISSIONERS: NONE
IN WTTtJESS WHEREOF, 1 have hereunto set my hand this lst day of
April, 1985.
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SECRETARY, ANAHEIM CITY PLRNNING COMMISSION
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