Resolution-PC 99-223RESOLUTION NO. PC99-223
A RESOLUTION OF THE ANAHEIM CITY PLANNIN3 COMMISSION
THAT PETITION FOR VARIANCE NO. 4381 BE GRANTED
WHEREAS, the Anaheim City Planning Commission dio receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
LOT 1 OF TRACT N0. 1597, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 59,
PAGES 1 AND 2 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 6, 1999, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Nlunicipal Code, Chapter
18.03, 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 waivers of the following to subdivide one parcel into three
parcels and to construct three detached single-family residences:
(a~ Section 18.04.020.023 - Minimum lot depth.
(120 feet depth required for residential lots adjacent to an arterial
hiahway; 63 feet proposed for Lot 1)
(b) Section 18.26.061.012 - Minimum lot size.
7 200 s.ft. required; 6.881 sq.ft. proposed for Lots 1 and 2)
(c) Section 18.26.061.020 - Minimurn lot width.
(70 feet required; 20 to 63 feet proposed)
(d) Section 18.26.065.010 - Orientation of residential structures.
(reside~ces required to rear onto an arterial highway;
Lot 1 proposed to side onto La Palma Avenue)
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property consisting of its size, location and surroundings, which do not
apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in the identical zone and
classifir.ation in the vicinity.
3. That due to the similar lot size, area and configuration of adjacent single family residentiai
properties to the east and south, strict application of the Zoning Code would deprive the property owner of
priviieges enjoyed by other propertfes under identical zoning classification in the viciniry.
4. That the proposed three-lot subdivision is in conformance with the maximum density of
the Low Density Residential land use designation set forth in the Land Use Element of the Anaheim
General Pian.
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5. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the in~ended use of the property that do not apply aeneraily to the property or alass
of use in the same vicinity and zone.
6. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right pnssessed by other property in the same vicinity and zone, and denied to the
property in question.
7. That the requested variance will not be materially detrimF,ntal to the public welfare or
injurious to the property or improvements in such vicinity and' zone in which the property is located.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning C~mmission has reviewed the proposal for waivers of minimum lot depth, minimum lot size,
minimum lot width and orientation of residential structures to subdivide one parcel into three parcels and
to coiistruct three detached single-family residences on a rectangularly-shaped 0.56-acre property having
a frontage of 133 feet on the south side of La Palma Avenue, a maximum depth of 184 feet, being located
1,310 feet east of the centerline of Euclid Street, and further described as 1312 West La Palma Avenue;
and does hereby approve the Negative Deciaration upon finding that the declaration re8ects the
independent judgement 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 RESO4V~D that the Anaheim City 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 subject property in order to preserve the safety
and genPral weifare of the Citizens of the City of Anaheim: •
1. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement
to be determined as the electrical design is completed. Said easement shall be submitted to the City
of Anaheim prior to issuance of building permits.
2. That any required re.~ocation of City electrical facilities shall be at the expense of the developer.
3. That all existing ~,va~er services shali conform to current Water Utiiity Standards. Any existing water
services that are r,ot approved by Utility for continued use shall be upgraded to current standards or
abandoned by the developer. If the existing services are not longer needed, they shall be abandoned
by the developer.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
fifty three (53) feet in width from the centerline of La Palma Avenue for street widening purposes.
5. (Proposed Condition No. 5 was deleted at the P/anning Commission public hearing.)
6. That all lots shall be assigned street addresses by the Bui~ding Division.
7. That trash storage area(s) shall be provided and maintained in location(s) acceptabie to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said areas shall be specifically indicated on plans submitted for building
permits.
8. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform
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to Engineering Standard Plan No. 609 and shall be subjeci to the review and approval of the City
Traffc and 7ransportation Manager prior to issuance of a building perrrit.
9. That the curb adjacent to La Paima Avenue shall be painted red (i.e., "no parking") to provide
suflicient space for a total of nine (9) trash barrels.
10. That the developer shall submit satisfactory evidence (i.e., a noise study) to the Bui~ding Division
showing that the residences are in conformance with Council Policy Number 542 "Sound Attenuation
in Residential Projects" and with Noise Insulation Standards specified in the C3lifornia Administrative
Code, Title 25.
11. That the locations for future above-ground utility devices including, but not limited to, electricai
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. The plans shall also icientify the specific screening
treatments of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments. Said
information shall specifically be shown on plans submitted for building permits.
12. That street trees planted thirty five (35) feet on-center shall be installed by the property owne~ within
the public right-of-way adjacent to La Palma Avenue. The size, type and number of trees shall be
provided to the satisfactinn of the Urban Forestry Division of the Communiry Services Department.
13. That a parcel map to record the subdivision of subject property shall be submilted to and approved by
the City of Anaheim and shall then be recorded in the O~ce of the Orange County Recorder.
14. That six (6) foot high block walls shall be constructed aiong the north, east, and south property lines.
The northerly block wall adjacent to La Palma Avenue shall be set back a minimum of five (5) feet
from the ultimate right-of-way line and a landscaped plan!er shall be provided in this area with shrubs,
groundcover or turt, and clinging vi~es planted and maintained on minimum tf~ree (3) foot centers.
15. That final site, elevation and floor pians for the residential structures shall be submitted to the Zoning
Division for review and approval h;r the Planning Commission as a"Reporis and Recommendations"
item. Said plans shall also show the block wall (materials and color) and landscaping along La Palma
Avenue.
16. 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 No. 1, and as conditioned herein.
17. That prior to issuance of a b:~ilding permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 6, 7, 8, 10, 11, 13 and 15, 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.
18. That prior to final building and zoning inspections, Condition No. 3, 9, 12, 14 and 16, above-
mentioned shall be complied with.
19. That approval of tY~is 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 applicabie ordinance, regulation or requirement.
RE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is expressiy predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
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be deciared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was ado ted t the nning Commission meeting of
December 6, 1999.
~HAIRP RSON PRO TEMPORE,
ANA M CITY PLANNING COMMISSION
ATTEST:
/~ Q~ ~r~i7'~AY,[9'
SECRETAfRY, ANAdEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Nfargarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed a.sd adopted at a meeting of the Anahelm City Planning
Commission held on December 6, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSIINICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of
_ ~~~~ 2000.
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SECRETARY, AHEIM CITY PLANNING COMM!SSION
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