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Resolution-PC 2000-39~ RESOILUTION NO. PC2000-39 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 4390 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: ' THAT PORTION OF LOT 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAN1EL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES(S) 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS: EASTERLY BY THE MOST WESTERLY LINE OF TRACT NO. 1428 AS SHOWN ON A MAP RECORD~D IN BOOK 47, PAGE(S) 8 AND 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; WESTERLY BY THE EASTERLY LINE OF TRACT NO. 2481 AS SHOWN ON A MAP RECORDED IN BOOK 72, PAGES(S) 29 OF SAID MISCELLANEOUS MAPS; NORTHERLY BY THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 28 OF SAID TRACT NO. 1428; AND SOUTHERLY BY THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 OF SAID TRACT NO. 1428. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 27, 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 ~ndings and recommendations in connection therewith; and WHEREAS, said Commissibn, 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: residence: That the petitioner proposes waivers of the following to construct a single-family (a) Section 18.21.063.020 - Minimum side yard setback. (10 feet required for residences in the RS-A-43,000 zone; 5 feet proposed from west and east property lines) (b) Section 18.21.063.010 - Minim~um front yard setback. (c) Section 18.21.065.010 - Required orientation of residences adjacent to an arterial hiqhwav. (single-family residences required to rear on arterial highways; residence proposed to front on Lincoln Avenue) 2. That waiver (a), minimum side yard setback, is hereby granted on the basis that the narrow 30-foot width of this RS-A-43,000 (Residential/Agricultural) zoned property creates a special circumstance which prohibits residentiat development in accordance with Zoning Code requirements; CR3925PK.DOC. -1- PC2000-39 ~ ~ and that the proposed 5-foot setbacks will match existing side yard setbacks on adjacent and nearby residential properties. 3. That waiver (b), minirnum front yard setback, is hereby denied on the basis that it was deleted following public notification. 4. That waiver (c), required orientation of residences adjacent to an arterial highway, is hereby approved on the basis that this is an in-fill project which will match the orientation of existing adjacent and nearby residential properties to the east; and that vehicle access to this property will be from a public alley (north of and parallel to Lincoln Avenue) and that no vehicle access will be available from Lincoln Avenue. 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class 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 possessed by other property in the same vicinity and zone, and denied to ~he property in question. 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: That the Anaheim City Planning Commission has reviewed the proposal for waivers of minimum side yard setback, minimum front yard setback and required orientation of residences adjacent to an arterial highway to construct a single-family residence on a rectangularly-sliaped 0.46 acre property, having a frontage of 30 feet on the north side of Lincoln Avenue and a maximurm depth of 680 feet, being located 160 feet east of the centerline of La Plaza, and further described as 1429 East Lincoln Avenue; 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 presenre the safety and general welfare of the Citizens of the City of Anaheim: 1. That the existing alley opening on Lincoln Avenue shall be removed and replaced with standard curb, gutter, sidewalk and landscaping~. Vehicle access to this site shall be provided by the existing public alley on the east side of the property and behind the proposed residence. 2. That, if required by the Urban Forestry Division of the Community Services Department, street tree(s) shall be planted by the property owner within the public right-of-way adjacent to Lincoln Avenue. The size, type and number of tree(s) shall be provided to the satisfaction of the Urban Forestry Division. 3. That a minimum twenty five (25) foot deep fully landscaped yard shall be provided to the rear of this property north of the proposed driveway to ensure adequate on-site open recreational leisure space. Said yard shall be specifically shown on plans submitted for building permits. 4. That any required relocation of city electrical facilities to be at developer's expense. CR3925PK.DOC -2- PC2000-39 • • That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 6. That trash barrels shall be stored out of the public's view. ~ 7. That the vehicular access rights to Lincoln Avenue shall be released and relinquished to the City of Anaheim. 8. 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 Nos. 1, 2 and 3, and as conditioned herein. 9. That prior to issuance of building permits or within a period of one (1) year from the date of this resolution, whichever occurs first, Con!dition Nos. 3, 5 and 7, 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. 10. That prior to final building and zoning inspections, Condition Nos. 1, 2 and 8, above-mentioned shall be complied with. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipa~ 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 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 fo~th. 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 adoptec~at t~Planni Commission meeting of March 27, 2000. // CHAIRPERS~4 PRO TEMPOR~, ANAHEIM CVfI~' PLANNING COMMISSION ATTEST: ~ SECRE ARY, HEIM CITY PLANNING COMMISSION CR3925PK.DOC -3- PC2000-39 ~ ~ 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 March 27, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN `~'1 IN WITNESS WHEREOF, 1 have hereunto set my hand this day of , 2000. SECRETARY, AAIAHEIM CITY PLANNING COMMISSION CR3925PK.DOC -4- PC2000-39