Resolution-PC 2000-139~
RESOLUTION NO. PC2000-139
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A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04416 BE GRANTED, IN PART
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:
LOT 2 OF TRACT NO. 14698 AS SHOWN ON A MAP RECORDED IN BOOK
699 PAGES 49 AND 50 OF M15CELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 18, 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 that the hearing was continued
from the meeting of November 20, 2000; 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 the following waivers to establish a 9-lot (8 numbered and 1
lettered) "affordable" single-family residential subdivision:
(a) Sections 18.06.050.010.011 - Minimum number of parkinq spaces.
and 18.27.066.010
(b) Section 18.27.061.010 - Minimum building site and pad area.
(5,000 sq.ft. minimum lot area required;
4,650 sa.ft. proposed for Lot No. 1 and 4,607 sq.ft. proposed for
Lot No. 3)
(c) Section 18.27.062.030 - Maximum lot coveraqe.
(35% permitted;
40% proposed for Lot No. 1 and 38°/a proposed for Lot No. 3)
(d) Section 18.27.061.020 - Minimum buildinq site width.
(50 feet required;
45 feet proposed for Lot No. 1 and 44 feet proposed for Lot No. 3)
(e) Section 18.27.063.020 - Minimum side ard setback.
2. That the property is currently developed with one duplex (on proposed Lot No. 2) that is
identified as a"Qualified Historic Structure" in the Anaheim Colony Historic District, and the remainder of
the property is undeveloped; that the south and west portions of the property are zoned RM-2400, and
the northeast portion is zoned CH; and tha~t the Anaheim General Plan Land Use Element designates
this property for Low-Medium Density Residential land uses which allows up to 18 dwelling units per
gross acre, and the proposed density is within that criteria.
3. That waiver (a), minimum number of parking spaces, is hereby denied on the basis that
the waiver was deleted in connection with submittal of revised plans.
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4. That waiver (b), minimum building site and pad area, is hereby granted on the basis that
that the location of the existing historic dupCex prevents the creation of lots on either side of the duplex
that can meet this Code requirement.
5. That waivers (c) and (d), maximum permitted lot coverage and minimum building site
width, are hereby granted on the basis that preserving the existing historic duplex on proposed Lot No. 2
impacts the size, shape and width of the tw~o proposed adjacent lots (Nos. 1 and 3); and that the "move-
on" residences proposed for Lot Nos. 1 and 3 are narrow enough to maintain the required side yard
setbacks despite the widths of those lots b~ing less than 50 feet.
6. That waiver (e), minimum side yard setback, is hereby denied on the basis that the
waiver was deleted in connection with submittal of revised plans.
7. That the above-mentioned waivers (b), (c) and (d) are hereby granted on basis that there
are special circumstances applicable to the property consisting the existing duplex, which is a historically
significant residential structure and which vu~ill be retained on the center Lot No. 2, and which precludes
this subdivision from being developed in ac~cordance with all Code requirements.
8. That the applicant proposes construction of an "affordable" housing development, and the
waivers are incentive which further the City's affordable housing goals as set forth in the Housing Element
of the City's General Plan by providing affotdable housing for lower income households.
9. That the applicant has demonstrated that each incentive granted to the applicant is
necessary to make the proposed housing project economically feasible to provide for affordable housing
costs.
10. That each incentive granted will not, on balance, be detrimental to the public health,
safety and welfare, and will not cause injuryr to property in the immediate vicinity of the eligible housing
project.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUAUTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum number of parking spaces,
minimum building site and pad area, maxirr~um lot coverage, minimum building site width, and minimum
side yard setback, to establish a 9-lot (8-dwelling) "affordable" single-family residential subdivision on an
irregularly-shaped 2.4-acre property located on the east side of Lemon Street between Water Street and
Stueckle Street, having frontage of 346 feeQ on the east side of Lemon Street and 301 feet on the south
side of Water Street and 293 feet on the north side of Stueckle Street, and further described as 604 - 626
South Lemon Street, 123 and 133 West Stweckle Street and 122-142 West Water Street; and does
hereby approve the Negative Declaration upon finding that the declaration reflects 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 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, 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 City of Anaheim:
That no gate shall be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public streets or alleys. Installation of any gate shall conform to
Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic
and Transportation Manager prior to issuance of a building permit.
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2. That a minimum five (5) foot setback from the rear property line (the proposed alley) shall be
provided for each residence having garage access from said alley. Said information shall be
specifically shown on plans submitted for building permits.
3. That approval of Variance No. 2000-04416 is granted subject to approval and finalization of
Reclassification No. 2000-00039, an~ to approval and recordation of Tentative Tract Map No.
16171.
4. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on the approved plans.
5. That the legal property owner shall enter into an unsubordinated recorded agreement with the City
of Anaheim pursuant to California Government Code Section 65915 to provide that one hundred
percent (100%) of the total proposed number of residential units shall be sold as lower income
housing as defined in California Government Code Section 65915 and with appropriate resale
controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the
date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the
Zoning Division. ,
6. 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, Revision No. 1 of Exhibit Nos. 2, 3 and 4, and Exhibit Nos. 6
through 11; and as conditioned herein.
7. 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, 4 and 5, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 o.f the Anaheim Municipal Code.
That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be
complied with.
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 regutations. Approval does raot 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 adopt at the Planning Commission meeting of
December 18, 2000. ~ ~
M CITY PLANNING COMMISSION
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ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA ) •
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 December 18, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~-.-{.+~.~r-~,. , 2001.
~~ ~~~a.:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2000-139
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