Resolution-PC 2010-116RESOLUTION NO. PC201 0- 116
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2010 -04832
(DEV2O10- 00156)
(428 SOUTH MELROSE STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter
"Planning Commission ") did receive a verified Petition for Variance for certain real property
located at 428 South Melrose Street, in the City of Anaheim, County of Orange, State of
California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by
this reference; and
WHEREAS, the petitioner requests a variance from the front, side, and rear yard
setbacks and to allow fewer parking spaces than required by code zone to construct two affordable
single family residences in the RM -4 (Multiple- Family Residential) Zone; the Anaheim General
Plan designates this property for Low Density Residential land uses; and
WHEREAS, Code allows a single - family residence to be constructed in the RM -4
zone by applying either the RS -2 or RS -3 single- family zone development standards. The RS -3
zone standards were applied to this project because this zone is designed to accommodate
residences on smaller lots and has reduced front and rear yard setback requirements.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 8, 2010, at 5:00 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, the Planning 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 applicant requests to deviate from the following to construct two 2- story,
single - family residences:
SECTION NO. 18.04.090.010 Maximum Lot Coverage - DELETED
SECTION NO. 18.04.100.010.0101 Minimum front yard setback (15 feet
required; 4 to 10 feet proposed)
1 PC2010 -116
SECTION NO. 18.04.100.010.0101
SECTION NO. 18.04.100.010.0101 Minimum rear yard setback (15 feet
required: 5 feet proposed)
SECTION NO. 18.42.030.040
Minimum side yard setback (5 feet
interior setback required; 3.5 feet
proposed to open parking space. 9 feet
required for reversed building frontage
along Santa Ana Street: 4 feet
proposed)
Minimum number of parking spaces (4
spaces per unit required -- 2 garage
spaces and 2 spaces in front of the
garage; 3 spaces per unit proposed — 2
garage spaces and 1 open space on the
side of the garage)
2. The requested variance is hereby approved because there are special circumstances
applicable to the property pertaining to the extremely limited size of the existing legal
nonconforming lots.
3. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity in that the existing 3,216
square foot lots are the same size as the other properties on the 400 block of South Melrose Street.
Moreover, the overall property size will be increased from 6,432 square feet to 7,037 square feet to
better accommodate the construction of two new single family homes.
4. The request for reduced parking can be justified because the homes will eventually
be sold as affordable units per an agreement with the Anaheim Redevelopment Agency after the
energy efficient demonstration project is complete. Moreover, the Affordable Housing Parking
Incentive Report, prepared by LSA Associates, Inc. concludes that the parking demand for
affordable housing projects are less than market rate homes based on a lower auto ownership for
the lower income households. Also, the proposed three spaces per unit would exceed the density
bonus parking standard of 2.5 spaces per unit for affordable units.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures) as
defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Variance No. 2010 -04832 subject to the conditions of approval described in Exhibit "B" attached
hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the subject property in order to preserve the health, safety and general welfare
of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
2 PC2010 -116
Timing for compliance with conditions of approval may be amended by the Planning Director
upon 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 progress toward establishment
of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200
(City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
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, shall be deemed null and
void.
BE IT FURTHER RESOLVED 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 Federal 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.
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 or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RES
meeting of November 8, 2010.
A F1 EST:
TION was adopted at the Planning Commission
CHAIRMAN PRO -TEMP
ANAHEIM CITY PLANNING COMMISSION
A/A._,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -116
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 November 8, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of November, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -116
1
APN: 037 - 113 -181
Feet
EXHIBIT "A"
DEV2010- 00156
100
5
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11038
PC2010-116
PRIOR TO BUILDING PERMIT
EXHIBIT "S"
VARIANCE NO. 2010-04832
(DEV2010- 00156)
NO. CONDITIONS OF APPROVAL
1 Individual water service and/or fire line connections shall
be required for each parcel per Rule 18 of the City of
Anaheim's Water Rates, Rules, and Regulations.
2 Prior to approval of permits for improvement plans, the
property owner/developer shall coordinate with Electrical
Engineering to establish electrical service requirements and
submit electric system plans, electrical panel drawings, site
plans, elevation plans, and related technical drawings and
specifications.
3 Prior to connection of electrical service, the legal owner
shall provide to the City of Anaheim a Public Utilities
easement with dimensions as shown on the approved utility
service plan.
4 The legal property owner shall submit a Lot Line
Adjustment to reconfigure the existing parcels. The Lot
Line Adjustment shall be approved by the City Surveyor
and recorded in the office of the Orange County Recorder.
5 Improvements on Melrose Street and the public alley shall
conform to the City Standards and as approved by the City
Engineer and shall include sidewalk, curb and gutter.
parkway landscaping, and parkway irrigation connected to
the private on -site main. A bond shall be posted for the
public improvements in an amount approved by the City
Engineer and a form approved by the City Attorney.
6 Prior to the issuance of a grading permit, the applicant
shall submit to the Public Works Department,
Development Services Division for review and approval a
Water Quality Management Plan that:
SIGNED
REVIEW BY OFF BY
Water Engineering
Electrical
Engineering
Electrical
Engineering
Public Works
Development
Services
Public Works
Development
Services
Public Works
Development
Services
6 PC2010 -116
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
• Addresses Site Design Best Management
Practices (BMPs) such as minimizing
impervious areas, maximizing permeability,
minimizing directly connected impervious areas,
creating reduced or "zero discharge" areas, and
conserving natural areas.
• Incorporates the applicable Routine Source
Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as
defined in DAMP.
• Describes the long -term operation and
maintenance requirements for the Treatment
Control BMPs.
• Identifies the entity that will be responsible for
long -term operation and maintenance of the
Treatment Control BMPs, and describes the
mechanism for funding the long -term operation
and maintenance of the Treatment Control
BMPs.
7 All requests for new water services or fire lines, as well as Water Engineering
any modification, relocations, or abandonments of existing
water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public
Utilities Department
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
8 All new driveways shall be constructed as required by the Public Works
City Engineer in conformance with Engineering Standard Development
No. 114 -A. The existing alley, including the valley gutter, Services
shall be reconstructed as required by the City Engineer in
conformance with Engineering Standard No. 131.
9 Prior to final building and zoning inspections, the
improvements to Melrose Street and the public alley shall
be completed.
Public Works
Development
Services
7 PC2010 -116
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
10 Prior to final building and zoning inspections, the applicant Public Works
shall: Development
• Demonstrate that all structural BMPs described Services
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 BMPs described in
the Project WQMP.
• Demonstrate that an adequate number of copies
of the approved Projects WQMP are available
onsite. Submit for review and approval by the
City an Operation and Maintenance Plan for all
structural BMPs.
GENERAL
11 The property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1,
(Site/First Floor), 2 (Second Floor), 3 and 4 (Elevations),
and 5 (Roof), and as conditioned herein.
Planning
8 PC2010 -11 b