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Resolution-PC 2001-34~ RESOLUTION NO. PC2001-34 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMfSSION THAT PETITION FOR VARIANCE NO. 2001-04426 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: LOT NOS. 53 AND 54 OF TRACT NO. 3278, AS PER MAP FILED IN BOOK 104, PAGES 8, 9 AND 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City ofAnaheim on March 26, 2001, 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 repo~ts offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to construct a new community center building in conjunction with a City of Anaheim Housing Authority-initiated multiple family residential rehabilitation project which is currently under construction: (a) Sections 18.04.043.100.101(a) - Maximum fence heiqht. 18.34.063.012 (3 feet hiqh permitted in the required 15-foot front yard and 18.34.064.070 setback; 6-foot hiQh fence proposed to encroach 7 feet into the front setback) (b) Section 18.34.063.012 - Minimum structural setback. (15 feet required adjacent to a local street; 7 feet proposed between the community center building and Lynne Avenue) 2. That the proposed one-story community center complex will be located on approximately one-half acre on the south side of Lynne Avenue between Hampstead Street and Michelle Drive, on the north side of a public alley (1330 and 1338 West Lynne Avenue); and that the proposal is part of the larger 14.8-acre multiple family residential rehabilitation project (Jeffrey Lynne Revitalization Project) which is currently underway on the east side of Walnut Street between Lynne Avenue and Audre Drive. 3. That the area is zoned RM-1200 (Residential, Multiple Family); that the Anaheim General Plan land use designation is Medium Density Residential; and that the area is located within Community Planning Area No. 8. 4. That the proposed 6-foot high fence will be an "open" fence consisting of stucco-covered masonry pilasters with tube steel metal fencing panels befinreen the pilasters; and that the fenced area which encroaches into the front setback (109 sq.ft.) is less than 7% of the entire required front setback along Hampstead Street. 5. That waivers (a) and (b}, maximum fence height and minimum structural setback, are hereby granted on the basis that there is a special circumstance applicable to this proposal because the underlying site for the community center has frontages on two public streets, which circumstance does not apply to other identically zoned properties in the vicinity; and that the proposed community center complex is an integral part of the Jeffrey Lynne residential revitalization project. CR5045PK.doc -1- PC2001-34 • ~ 6. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity due to the substandard amount of open space and lack of recreational amenities for the residential units in the Jeffrey Lynne Revitalization Project. 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 Exemption Section 15326, Class 26, 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 Variance, 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: 1. That all air conditioning facilities and other roof and ground mounted mechanical equipment shall be properly shielded f~om view frorn ad}acent residential properties and public-rights-of-way. Such information shall be specifically shown on the plans submitted for building permits. 2. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of ptant materials such as minimum one (1) gallon size clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 4. 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. 5. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3 and 8, herein-mentioned, shalf 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. 6. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shall be complied with. 7. 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. 8. That final elevation, landscaping and fencing plans shall be submitted for review and approval by the Planning Commission as a"Reports and Recommendations" item. -2- PC2001-34 ~ • BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby ~nd 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 adopted at the P March 26, 2001. / CHAIRPERSON, ATTEST: ~ Commission meeting of ITY PLANNING COMMISSION 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 March 26, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~ IN WITNESS WHEREOF, I have hereunto set my hand this i O day of C3.,~.~Q~ , 2001. ~.s~.~Q~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-34