Resolution-PC 2000-102. .
RESOLUTION NO. PC2000-102
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04405 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
BEGINNING AT THE NORTHERLY TERMINUS OF SAID COURSE DESCRIBED AS HAVING A
BEARING AND DISTANCE OF N 09 DEGREES 08' 02" E, 65.61 FEET IN SAID PARCEL 7;
THENCE S 43 DEGREES 06' 20" ~, 89.38 FEET; THENCE S 52 DEGREES 12' S7" E, 169.91
FEET; THENCE S 10 DEGREES 16' 39" E, 49.18 FEET TO A CURVE IN THE
SOUTHWESTERLY LINE OF ORCHARD DRIVE, 60.00 FEET WIDE, SAID CURVE SHOWN AS
CONCAVE SOUTHWESTERLY LINE OF ORCHARD DRIVE, 60.00 FEET WIDE, SAID CURVE
SHOWN AS CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 380.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE FROM A TANGENT WHICH BEARS S 33
DEGREES 07' 39" W, THROUGH AN ANGEL OF 05 DEGREES 58' 32", AN ARC LENGTH OF
39.63 FEET TO SAID BOUNDARY LINE OF SAID PARCEL 7.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 28, 2000, 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 Municipal 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 construct a 6-foot high block wall
in the required yards of a proposed single-family residence:
(a) Sections 18.04.043.100.101(a) - Permitted encroachment into required vards.
and 18.21.064 (maximum 3-foot hiqh fence permitted in minimum 25 and
19-foot setbacks alon4 public streets;
6-foot block wall proposed 0-3 feet from Kelloqg Avenue and
Short Street)
(b) Sections 18.04.080.005 - ReQUired street improvements.
18.04.080.010 (right-of-way dedication and curbs and sidewalks alonq
18.04.080.020 Short Street required; none proposed)
and 18.21.100
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property, cbnsisting of its shape, topography, location and surroundings,
which do not apply to other identically zoned property in the same vicinity because this property is
irregularly shaped and has uneven topography, has frontages on three sides (Richard Nixon
freeway/Imperial Highway to the north and two streets to the east and south), and has a narrow frontage
on Kellogg Drive.
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in the identical zone and cl~ssification in the vicinity because the proposed 6-foot high
block wall is consistent with fencing in the adjacent residential neighborhood; and that continuation of an
8-foot high block wall adjacent to the freew~y off-ramp to a 6-foot high block wall on Kellogg Drive is
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consistent with City Council Policy No. 542 regarding sound attenuation for residential structures within
600 feet of a freeway.
4. That the requested waivers are necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
5. That the view from cars traveling southeast on Short Street will not be impaired at the
stop sign at Kellogg Avenue by construction of the proposed block wall; that the view from cars exiting
the freeway and cars traveling southwest on Kellogg Drive will not be impaired because the block wall is
proposed to be set back 11 feet from the roadbed and 3 feet from the property line on Kellogg Drive; and
that the City Traffic and Transportation Manager reviewed the proposed block wall and determined that
sufficient visibility is provided for traffic on titese streets.
6. That the Public Works Department reviewed waiver (b), required street improvements,
and determined that dedication for the improvements exists; and that the petitioner has agreed to place
"no parking" signs on Short Street, as requested by the Public Works Department.
7. That the requested variance will not be materially detrimental 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: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 5, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Varialnce, 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 general welfare of the Citizens of the Cety of Anaheim:
1. That a decorative block wall matching the block wall enclosing the residential development on the
south side of Short Street shall be constructed. Said information shall be specifically shown on
plans submitted for building permits.
2. That landscaping, including clinging vines to eliminate graffiti opportunities, shall be planted on
maximum five (5) foot centers, including an irrigation system, adjacent to said wall along the
Richard Nixon Freeway/Imperial Highway off-ramp, Kellogg Drive and Short Street. Additional
shrubbery shall be planted in front of ~he wall on Kellogg Drive and Short Street. All landscaping
(i.e., species, size and location) shall be shown on plans submitted to and approved by the Zoning
Division prior to issuance of building permits. The landscaping and irrigation system shall be
properly maintained.
3. That satisfactory evidence shall be submitted to the Building Division showing that the proposed
project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential
Projects" and with Noise Insulation Standards specified in Title 25 of the California Administrative
Code.
4. That the owner of subject property sh!all be responsible for removal of any on-site graffiti on the
block wall within twenty four (24) hours of its application.
5. That "no parking" signs shall be posted on Short Street, to the satisfaction of the Traffic and
Transportation Manager.
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6. That the petitioner shall obtain approval of an encroachment permit and license from the City
Engineer for that portion of the block wall which is proposed within the public right-of-way.
7. 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, an~d as conditioned herein.
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8. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 6, 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.
9. That prior to final building and zoning inspections, Condition Nos. 5 and 7, above-mentioned, shall
be complied with.
BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOING RESOLUTION was adopted at the~ lanning Commission meeting of
August 28, 2000. „ ,
CHAIRPERSON, ANAH~IM CITI~C.PLANNING COMMISSION
ATTEST:
~~~"-~~.
SECR ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 August 28, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN
IN WITNESS WHEREOF, I have here to set my hand this ~~ day of
, 2000. ~~.~ _.' ~_ ~ ~'~/_ ~, cc .
SE~tETARY/,~ANAHEIM CITY PLANNING COMMISSION
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