Resolution-PC 92-107~~.
R~xYY.~ ~a_!_yvc-'v'
A RESOLUTIOFI OF YHE ANAHEIM ~ITY F'LANNING COMMISSION
THAT PETITION FAR VARIANCE N0. 4194 BE GNANTED
WHEREAS, the Anahoim City Planning Commission dfd recoive a verliled Potitlan for
Varianoe f~r cdrtain real property situatad in the City of Anaholm, County of Orange, State of ~alifornla
dascribod as:
PNOPOSED TRACT N0. 14702, BEING A SUBDIVISION ~Jr' A PORTION OF:
A PORTION OF THE WEST HALF OF THE SOUTHEAST OUAR7ER OF THE
Sf1UTHWEST ~UARTER OF SEC710N 20, TOWIVSHIP 4 SOUTH, RANGE 10
WEST, S.B.M. PE~ MAP RECORDED IN DOOK 51 PACE 10 OF MISCELIAN~OUS
MAPS, RECOFi~S OF ORANGE CGUNTY, CALIFORNIA.
WHEREAS, Yhe City Plannlnq Commfsslon did hold a pubtic hoaring at the Cfvic Center in
the Ciry of Anaheim on ~eptomber 9, 1~J2, at 1:30 p.m., notice of sald publlc hoaring havin~ been duly
given as r~quired by law and In accordance with the provislans of the Anahelm Municipal Code, Chapter
18,03, to -~ear and consider eviclenca tor and agafnst said proposed variance and to investigato and maka
findfngs and r~~ommendation~, in conner!;~n th9rowith; and
WHEREAS, said Commission, after dua Inspection, investigation and study mado by itself
end in fts behalf, and after dua considaration oF al! evidence and reports ofiered at said hoaring, does tind
and datermine the tollowing facts:
1. That the petitioner proposea walv3rs af the following to estabHsh a 5-{ot, RS-72Q0,
"affordable" single-fnmlly residontial subdivision:
(A) ,'~g~ction 18,01.130 - $odu,red (ot frontaae.
(All lots reauir~d to iront on pubilc rlght-nf-way;
4 f iront on a public right-of-way)
(g) ~Q~i,qn 18 26.Ofz1.010 - Minimum lot area.
l7•2~0 sgft. required;
~je8 and 6.970 sa.ft. propese~ for Lot Nos. ~1 and 5)
(~) ,~,~,pt~~ 18.26.063A10 - Minim~t .m Fro_n.~yard setback.
1 5 i P required; 15 fent proposed~
(p) ~,Q t~ lon~ 17.08.U 8 - Dedicrtic~n and i~r_Qvement of stroets.
,~•O8•390 (~Qioot w,i~iq street dedfcatton requ(rad, ~
and 17.08.650 jgQt proposed; and
(1 -i ot wide parkway ruquired; 7 i~gt proposed)
2. That the above•mentioned wa(vers are hereby granted on basis that there are speclal
circumstances appl(cable to the property such as size, shape, topagraphy, location and surroundfngs which
d~ not Apply to other identically zoned properry in the same vic(nity; and that strict application of the 2oning
Code deprivea the property af privlloges onJoyed by other propertios in the identical xone and classification
fn the vicinity;
CP 1601 MS.wp -t - PC92-107
3. That waiver (A) pertaining to lot frontago was created by the existing parcei's
orieiitatfon in relation tu the existir~fl street Improvements Rnd a recardod access oasement will guarantee
access ta the proposed lot;
4, That waivor (B) pertalning to lot area was created, in part, by tho C(ry Enclineor's
requirement of a cul~de-sac ~' : terminus of Folsom Street. The cul~le-sac's r~dius will reduco the size of
the Lot Nos. d and 5 to les,3 than the 7,200 3quAre feet roquired by Cade.1'he pe~iUoner has agreed to enter
into an agreemont with the Community Development Deparmont to provide one (1) aifordable dweliing;
5. That welver (D) n9naining to dedir,ation and improvement of streets (s granted on the
basis thAt special clrcumstancQs apply to the property conslsting ~f Iimited size and Impractl;ability of
employing a conforming plan or layaut by reason of prior exlsting recorded subdlvisiuns of contiguous
praperties;
6. Th~t the single story dosl~n of the residoncos wlll complfinent the charE~cter of the
surrounding afngle•family n~ighborhood;
7. That tliere are exoeptlonal or extraordinary circumstances or conditions applicable
to the property involved or to th~ intended uso of the praperty that do not appiy generally to the proporty or
class of use in the t~ame vicfnity and zons;
8. That the requested varlance is neceasary far the presarvetfon and onJoyment of a
substantial property right passessed b;~ other property in the same vlciniry and zone, end deniecl to the
proporty in questlon;
~J. That the requasted variance will not b9 materfally detrimental to the public welfare or
injurious to the property or (mprovements in such viciniry and zone In which the property la located; and
10. That one person IndlcatRd his prasence at said public hoaring In oppositfon; ~nd that
no corrnspondonco was received in opposftion to subject petitlon
~ALIFOFlNIA_~.NVIHONM~T_AL QUALITY ACT FIN~: That the An~f~eim City Planning
Comm{ssian has reviewed ttie proposal to reclassify subJect property from the RS-A-43,000
(Residential/Agricultural) Zone to tho RS-7200 (Residentlal, Single•Famlly; or a loss intense zon~ to ostablish
a 5•lot, RS-7200, "aNordable", single-tamllV resfdentfal subdivision with wraivers of required lot frontage,
minimum lot areA, minimum iront yard setback and requir~d dedlcation and improvoment of stroets on a
roctangularly-shaped parcel of land consisting of approximateiy 0.84 acre, having a irantage of approximately
250 feet on the north side of Folsom Street, having a maximum depth of approximately 100 foot, boing Iocated
approximately 301 feei nurth °ove the Ne iatlvef Decla et on~upon find ng that th decla e~lon e(lec~s the
Straet; and doos hereby +~pp 8
(ndependeM judgomont of the lead agency r~i1d that it has considered the Negative Declaratlon together with
any aomments received during the publfc review process and turther findfng on the basis of the initial study
and any comments recoNed that thore is no substantiat evidence that the projact wlll hav~ a signffic~nt effect
on the environment.
NOW, THEREFORE, pE IT RESOLVED that tho Anahelm City Plannfng Commission does
hereby grant subJect f~etition for Variance, upon the following conditfons wh(ch are hereby tound to be a
nac9ssary prerequisite to the proFosad us~ of the subJect property ~n order to preserve the safety and general
wolfare of ths Citizens of the City of Anahefm:
1. That an olght (8) toot high bl~ck wall (not exceeding six [6] foet in hefght on at IAast one side) shall
be constn~cted alonfl tha north tract boundary and shall extend in a southerlY dof Lot No. 6Starco of
twanty (2U) feet along the west boundary of Lot No. 1 and the east buundery
.2_ PC92-107
2. That a trash ator~go area fnr two (2) cant~inora (on~, ior trash and one tor recyo~ables) shall be
provlded in a locatlon out of tho public viow.
3. That subJect pr4perty shall be devolopRd substantlally in accordance ~vith plans and apeclfications
submitted to tha City of Anah~ ' n by the petitloner and whlch plans are orr file with the Planning
Department marked Exhibft Nos. 1 throuc~h 6.
4. Tha- prior ta the issuance c~f a bu~~~!^^ nermit or within a period of one (1) year from the date of this
resalutlon whlchever occurs first, an unsuborclinated coventtnt shall be recordc~d with the Offico of the
Oranpa County Recordor agreeing tn provlde the 5uyer of eACh dwelling unit with writton Information
obtalned from the school dlstrict(s) pertaining t~ possible overcrowded condltlons ~nd businfl stAtus
of the schaol(s) sorving the dwelling unft. A copy of the covanant shall be aubmitted to and approved
by tho Ciry Attorney prlor to reoordation. A copy of the recorded oovenant shall be subrnitted to tho
2onin~ Glvislon.
5, Tliat prior to Issuance ot a building permit or within a poriod of one (1) year from the date of this
resolution, whichevur occurs ffrst, the exact parking confi~uration on Lot Nos. 1 and 2 shall bcr
submitted to tho Plannin~ Department and City Trafflc Enc~ineer for approval.
~, The clinging vinos or iast growing shrubbery chall be plantec! alonp all solid fence~ or block walls
which are visible to any ad~acont ur nearby public right of way. Further, the developer shall inform
All home purchasors that it is thelr responsibility to maintain thelr Individual propercies free of graHiti.
7. That prior to final buil~ing and zoning inspections Conditl~m Nos. 1, 2, 3 and 6, above-mentionod, shall
be complled with•
g, That approual of this apnlicatian annstRutes ~pproval of the proposed reo,~est only to tho oxtent that
it compii~s with the Anaheim Murdcipal Zoning Cade and any other applicablo City, State and Pederal
regulatlons. Approval does not inalude any act(on or flndings as to compllance or upproval of tho
request re~arding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESC~U~ED ihat the Anahair.i City Planning Comm(3sion does hereby find
and detarmine that ndoption of this Resolution's expressly predir,ated upon appllcant's~ hepolof, b9 declared
and a~l of tho ~ond(ttons hereinabovd set to~th. Should any such c dltion, or any pa
invalid or unenforceable by the final Judgment of any court of co etent jurisdlction, then this Resolutlon, and
any apProvals hereln contained, shall be deemed null and voi " ~ ~
THE ~OHEGOING RESOLUTION ~~,ns a~pted p~ the/~lan~lry~ Commfssion meeting of
Septomber 9, 1 ~J92. '~ ~ ,~ ~~ '
CHAIRMAN, ANAhIEIM ~CITY PI.ANNING
ATTEST:
. RETARY,~ IM ~ITY PIANNING COMMISSION
.3- PC92-107
STATE OF CALiFORNIA )
COUNTY OF OFiANCE ) ss•
CITY OF ANAHEIM )
1, Janet l. Jensen, Secretery o( the Anahelm City Plannlnfl ~ommlaslon, do hereby cortfty
ttwt the toregoinp resolution wes pnssed and ednptod et e meeting of the Anahefm City Planning
i,ommission held on September 9, 1992, by the (dlowing vote ot the membera thereof:
AYES: COMMISSIONERS: BRISTOL, HENNINQER, ti1ESSE, PERAZA, TAIT
NOES: C4MMISSIONERS: NONE
ABSEPtf: COMf~11~SI0NEN3: NONE
ACiSTAINEp: ~OMMISSIONER3: ZEMEL
VA_.,~~CY: ONE SEAT
IN WITNESS WHERtOF, I ha ie herounto set my hand thls ~ day of ~_1~1t~•
1992.
'~ S ETARY, ANA GTY PLANNIN(3 COMMI3SION
,4, PC92•107