Resolution-PC 2015-096RESOLUTION NO. PC2015-096
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2015-05025 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00043)
(105 EAST LEATRICE LANE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred
to as the "Planning Commission") did receive a verified petition for Variance No. 2015-05025 to
permit (i) a 5 -foot setback adjacent to the alley where a 15 -foot setback is required adjacent to a
"Primary" wall, (ii) a 10 -foot setback including a 3 -foot wide walkway and landscape on the east
property line where 15 feet (5 -foot landscape) is required, and (iii) patios/balconies to encroach
into the required 20 -foot setback adjacent to Haster Street in connection with the proposed
construction of a three -unit apartment complex (herein referred to collectively as the "Proposed
Project") for certain real property located at 105 East Leatrice Lane in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, consisting of one parcel, is currently vacant and
undeveloped. The Anaheim General Plan designates the Property for Medium Density
Residential land uses. The Property is located in the "RM -4" Multiple Family Residential Zone,
meaning that the regulations contained in Chapter 18.06 (Multiple -Family Residential Zones) of
the Anaheim Municipal Code (the "Code") shall apply; and
WHEREAS, WHEREAS, the Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 2, 2015
to hear and consider evidence for and against proposed Variance No. 2015-05025 and to
investigate and make findings and recommendations in connection therewith. Notice of said
public hearing was duly given as required by Section 65090 of the California Government Code
and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal
Code (the "Code"). The public hearing was continued by the Planning Commission to December
14, 2015; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
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WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 3 — New
Construction or Conversion of Small Structures) which consist of the construction and location
of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines
provides examples of projects that qualify for an exemption from the provisions of CEQA, one
of which being the construction of apartments, duplexes and similar structures designed for not
more than six dwelling units. Since the Proposed Project consists of the proposed construction
of a three -unit apartment complex, the Proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, paragraph .0101 of Subsection .010 (Setbacks Abutting a Public Street) of
Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple -Family Residential Zones) of
the Code requires the minimum landscaped setback in the Multiple -Family Residential Zones
abutting an arterial highway, such as Haster Street, to be an average "of not less than twenty (20)
feet in depth, with a minimum fifteen (15) feet permitted; provided, however, that for every foot
of building frontage having a setback of less than twenty (20) feet, there shall be a foot of
building frontage having a setback correspondingly greater than twenty (20) feet" "as measured
from the planned highway right-of-way line, as indicated in the Circulation Element of the
General Plan ...."; and
WHEREAS, paragraph .0102 of Subsection .010 (Setbacks Abutting a Public Street) of
Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple -Family Residential Zones) of
the Code requires the minimum landscaped setback in the Multiple -Family Residential Zones
abutting a public street other than an arterial highway, such as Leatrice Street, to be a minimum
of fifteen (15) feet "as measured from the planned highway right-of-way line, as indicated in the
Circulation Element of the General Plan ...."; and
WHEREAS, the aforementioned street setback requirements apply in addition to the
structural setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non -
Residential and Multiple -Family Residential Lots) of Subsection .020 (Measurements) of Section
18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of
the Code, which require "the minimum setbacks for all ... multiple -family lots and parcels
adjoining [a] ... public ... street[] ... [to] be measured from the closest building to the ... [t]he
ultimate right-of-way of any adjacent public street or arterial highway .. . ." Because the
Proposed Project does not meet the aforementioned street setback requirements, the applicant has
requested a variance therefrom; and
WHEREAS, Subsection .030 (Setbacks Abutting Interior Property Lines) of Section
18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple -Family Residential Zones) of the
Code requires the minimum structural setback for a two-story structure in the Multiple -Family
Residential Zones abutting an interior property line to be fifteen (15) feet along the entire length
of the building with a minimum of five (5) feet of said setback landscaped; and
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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 pertaining to the request for Variance No. 2015-05025 to allow structural and
landscape setbacks smaller than required by the Code to permit the future construction of a three -
unit apartment complex, should be approved for the following reasons:
SECTIONS NO. 18.06.090.010.0101 AND
18.40.040.020.0201.01
SECTIONS NO. 18.06.090.010.0102 AND
18.40.040.020.0201.01
SECTION NO. 18.06.090.030
Minimum Landscape Setback Adjacent to an
Arterial Highway.
(20 feet required; 15-20 feet proposed.)
Minimum Structural Setback Adjacent to a
Public Alley.
(15 feet required; 5 feet proposed)
Minimum Structural Setback Adjacent to an
Interior Property Line.
(15 feet required; 10 feet proposed.)
1. There are special circumstances applicable to the Property due to the small size of
the Property, as compared to all other RM -4 zoned properties on Leatrice Lane. The lot size was
reduced when the Property was narrowed significantly in conjunction with a Haster Street
widening project. Specifically, the widening of Haster Street left the subject Property in such a
shape that the location of the proposed structure, as designed, requires variances from structural
setback requirements on three sides of the Property.
2. Strict application of the Code would deprive the Property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity due to the legal
nonconforming width of the Property, as compared to all other RM -4 zoned properties in the
vicinity. This Property is one of the only parcels within the zoning district which was affected
by the road widening. The subject property is 63 feet wide while nearly all other lots in the
immediate vicinity are 76 feet wide. The nonconforming lot size makes it difficult to meet all of
the development standards while providing adequate setbacks for the proposed apartment
complex. Therefore, a variance will allow the development of the Property which is consistent
with other multi -unit complexes in the area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2015-05025, contingent upon and subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the 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 Code. 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 Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 14, 2015. Said Resolution is subject to the appeal provisions set forth in
Section 18.60.130 (Appeals — Planning Commission Decisions) of Chapter 18.60 (Procedures) of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
I Z __ _�, /,., I � � Z,/,, f �
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote
of the members thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2015.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December,
"A� r7f c
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 137-342-22
EXHIBIT "A"
DEV NO. 2015-00043
E WAKEFIELD AVE
63'
47'
E LEATRICE LN
----I F--7-
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +!- two to five feet.
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v
47'
E LEATRICE LN
----I F--7-
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +!- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2015-05025
(DEV2015-00043)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
1
The developer shall submit street improvement plans for work within
Public Works
public right-of-way to the Public Works Department, Development
Department,
Services Division and a bond shall be posted to guarantee the construction
of all public works improvements. The improvements shall be constructed
Development Services
prior to final building and zoning inspections.
Division
2
The developer/owner shall submit a set of improvement plans for Public
Public Utilities
Utilities Public Utilities Department Water Engineering Division review and
Department,
Water Engineering approval in determining the conditions necessary for
providing water service to the project.
Water Engineering
Division
3
All back flow equipment shall be located above ground outside of the street
Public Utilities
setback area in a manner fully screened from all public streets and alleys.
Department,
Any backflow assemblies currently installed in a vault will have to be brought
up to current standards. Any other large water system equipment shall be
Water Engineering
installed to the satisfaction of the Public Utilities Department Water
Division
Engineering Division outside of the street setback area in a manner fully
screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
4
All requests for new water services, backflow equipment, or fire lines, as well
Public Utilities
as any modifications, relocations, or abandonments of existing water
Department,
services, backflow equipment, and fire lines, shall be coordinated and
permitted through Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
Division
5
All existing water services and fire services shall conform to current Water
Public Utilities
Services Standard Specifications. Any water service and/or fire line that does
Department,
not meet current standards shall be upgraded if continued use if necessary or
abandoned if the existing service is no longer needed. The owner/developer
Water Engineering
shall be responsible for the costs to upgrade or to abandon any water service
Division
or fire line.
6
The developer/owner shall submit to the Public Utilities Department Water
Engineering Division an estimate of the Water Engineering maximum fire
Public Utilities
flow rate and maximum day and peak hour water demands for the project.
Department,
This information will be used to determine the adequacy of the existing water
Water Engineering
system to provide the estimated water demands. Any off-site water system
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
improvements required to serve the project shall be done in accordance with
Division
Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
7
Individual water service and/or fire line connections will be required for each
parcel or residential, commercial, industrial unit per Rule 18 of the City of
Public Utilities
Anaheim's Water Rates, Rules and Regulations.
Department,
Water Engineering
Division
8
All fire services 2 -inch and smaller shall be metered with a UL listed meter,
Public Utilities
Hersey Residential Fire Meter with Translator Register, no equals.
Department,
Water Engineering
Division
GENERAL CONDITIONS
9
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnities") from any and all claims,
Planning Services
actions or proceedings brought against Indemnities to attack, review, set
Division
aside, void, or annul the decision of the Indemnities concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnities in connection with
such proceeding.
10
The applicant is responsible for paying all charges related to the processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
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
planning Services
the issuance of required permits or may result in the revocation of the
Division
approval of this application.
11
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department, and
as conditioned herein.
Planning Services
Division
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