Resolution-PC 2001-38~ ~
RESOLUTION NO. PC2001-38
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04431 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:
PARCEL 1:
THAT PORTION OF LOT 11 OF THE GOLDEN STATE TRACT NO. 2 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 4, PAGE 68 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11, SAID SOUTHEAST
CORNER BEING IN THE CENTER LIEN OF CYPRESS AVENUE, AND RUNNING
THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 330 FEET; THENCE
NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 100 FEET; THENCE EAST
PARALLEL WITH THE SOUTH LINE OF SAID LOT 330 FEET TO THE CENTER LINE
OF CYPRESS AVENUE; THENCE SOUTH ALONG SAID CENTERLINE 100 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED MAY 28, 1958 IN BOOK 4298, PAGE
376 OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO
THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION BY DEED RECORDED
FEBRUARY 3, 2000 AS INSTRUMENT NO. 200000060699 OFFICIAL RECORDS.
PARCEL 2:
THAT IRREGULAR PORTION OF LOT 11 OF THE GOLDEN STATE TRACT NO. 2 IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 4, PAGE 68 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY, BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF
LOT 10; BOUNDED NORTHWESTERLY BY THE SOUTHEASTERLY LINE OF
ROSEWOOD AVENUE BOTH AS SHOWN ON THE MAP OF TRACT 37777 AS PER
MAP RECORDED IN BOOK 158, PAGE 19 OF MISCELLANEOUS MAPS RECORDS
OF SAID COUNTY; AND BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF
PAR EL 1 HEREINABOVE DESCRIBED.
PARCEL 3:
THAT IRREGULAR PORTION OF LOT 11 OF THE GOLDEN STATE TRACT NO. 2 IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 4, PAGE 68 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY BOUNDED NORTHERLY BY THE SOUTHERLY LINE OF ROSEWOOD
AVENUE; BOUNDED ON THE WEST BY THE EASTERLY LINE OF LOT 11, BOTH AS
SHOWN ON THE MAP OF TRACT 3777, AS PER MAP RECORDED IN BOOK 158,
PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; AND
BOUNDED ON THE EAST BY THE WESTERLY LINE OF PARCEL 1, HEREINABOVE
DESCRIBED.
CR5052PK.doc -1- PC2001-38
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WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 9, 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 reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the following to establish a 4-lot, RS-7200-zoned
single-family residential subdivision:
(a) Sections 18.04.020.023 - Minimum lot depth adjacent to an arterial hiQhway.
and 18.26.060 (120 feet required along State College Boulevard;
92 to 102 feet proposed for Lot No. 4)
(b) Section 18.26.061.020 - Minimum lot width.
(70 feet required;
63 feet proposed for Lot No. 3 and 30 feet proposed for Lot No. 4)
2. That waivers (a) and (b), minimum lot depth adjacent to an arterial highway and minimum
lot width, are hereby granted on the basis of the irregular shape of the property which is located befinreen
two public streets; that there are single-family RS-7200-zoned residential lots to the immediate north
abutting State College Boulevard which have lot depths less than 120 feet; and that lots north of this
property on the same cul-de-sac have widths less than 70 feet.
3. That this property is currently zoned RS-A-43,000 (Residential/Agricultural) but that a
reclassification to the RS-7200 (Residential, Single-Family) zone is being processed concurrently with this
petition; and that the Anaheim General Plan land use designation is Low Density Residential.
4. That there are exceptional or extraordinary circumstances or conditions applicabfe 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.
5. That the requested variance will not be materially detrimental to the public welfare nor
injurious to the property or improvements in such vicinity and zone in which the property is located.
6. That no one indicated their presence at this 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 to establish a four-lot single-family residential
subdivision with waivers of minimum lot depth adjacent to an arterial highway and minimum lot width on a
irregularly-shaped 0.77-acre property located between Rosewood Avenue and ~tate ~oiiege ~ouievarci,
having frontages of 243 feet on the south side of Rosewood Avenue and 100 feet on the west side of
State College Boulevard, having a maximum depth of 327 feet, being located 650 feet north of the
centerline of Romneya Drive, and further described as 1253 North State College Boulevard; 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 Decfaration 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.
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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:
That all ground mounted equipment and utility devices shall be properly screened from view and
the sound buffered from adjacent residential properties. Such information shall be specifically
shown on the plans submitted for buifding permits.
2. That plans for a decorative six (6) foot high masonry block wall along the east property line abutting
State College Boulevard shall be submitted to the Zoning Division for approval. Clinging vines to
eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to the wall
(on the State College Boulevard side), and irrigation facilities shall be provided and the landscaping
shall be maintained. Said information shall be specifically shown on plans submitted for building
permits.
3. That satisfactory evidence shall be presented to the Building Division showing that the proposed
project is in conformance with Council Policy No. 542 "Sound Attenuation in Residential Projects,"
and with Noise Insulation Standards specified in the California Administrative Code, Title 25.
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 submitted and approved plans.
5. That all property owners shall have adequate street frontage to set out three (3) barrels for trash
callection, and that said- ba~r~ls shall be stor€d-out o~ the public's view. The developer shall submit
a plan for barrel storage to the Public Works Department, Streets and Sanitation Division, for review
and approval.
6. That approval of Variance No. 2001-04431 is granted subject to approval and finatization of
Reclassification No. 2001-00046, and finalization and recordation of Tentative Parcel Map No.
2000-233.
7. That the developer shall pay the sewer deficiency fee for the "Old Town Basin 8" sewer area. The
fee shall be paid prior to issuance of building permits.
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 No. 1, and as conditioned herein.
9. 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, 5, 6, 7 and 12, herein-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 No. 8; abQV~-mentioned~ SI'1~II ~1Q
complied with.
11. 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.
12. That if access to State College Boulevard is relinquished to the City of Anaheim, a block wall and
landscaping shall be constructed along the east property line of Lot No. 4 of Tentative Parcel Map
No. 2000-233.
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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.
April 9, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON!,ANAHEIM CITY PLANNING COMMISSION
ATTEST:
4 s~~ .~/
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 resolutior~ ~as passed and adopted at a meeting of -the Anaheim Gity Planning
Commission held on April 9, 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 3~ day of
'r'nn,~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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