Resolution-PC 2001-63~ ~
RESOLUTION NO. PC2001-63
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04433 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 IMPERIAL HIGHWAY IN TRACT NO. 10409 IN THE CITY
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A
MAP RECORDED IN BOOK 529 PAGES 6 TO 10 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTHERLY LINE OF LOT 29 OF SAID TRACT.
ON THE SOUTH BY THE SOUTHERLY LINE OF SAID IMPERIAL HIGHWAY.
ON THE EAST BY THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE OF SAID LOT 29.
ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID LOT 29.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 7, 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 construct 11 single-family
residences in the RS-7200(SC) "Residential, Single-Family - Scenic Corridor Overlay" zone:
(a) Sections 18.04.020.023 - Minimum lot depth adjacent to an arterial highwav.
18.26.060 (120-foot deep residentiat lots required adjacent to Hillside Primary
and 18.84.042 and Hillside Secondary Arterial Highways;
two lots proposed adjacent to Imperial Highway with depths of 72
feet and 25-115 feet, and finro lots proposed adjacent to Via Escola
with depths of 30-115 feet and 80-136 feet)
(b) Sections 18.04.043.100 - Maximum wall heiqht.
18.26.060
and 'k 8.84.042
(c) Sections 18.26.061.012 -
and 18.84.042
(d) Sections 18.26.061.020 -
and 18.84.042
Minimum lot area.
Minimum lot width.
(70 feet required; nine 13 to 66-foot wide lots proposed)
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(e) Sections 18.26.065.010 - Orientation of residential structures.
and 18.84.042 (Dwellings required to rear on arterial highways;
One dwelling proposed to side on Imperial Highway and two
dwellings proposed to front on Imqerial HiQhwav and Via Escola )
2. That waivers (b) and (c), maximum wall height and minimum lot area, are hereby denied
on the basis that these waivers were deleted following public notification and the project complies with
these development standards.
3. That waiver (a), minimum lot depth adjacent to an arterial highway, is hereby approved
on the basis that this property is oddly-shaped, is constrained by multiple street frontages (two of its three
property boundaries are along arterial highways) and has unique topographical features, which prevent
full development of the property in conformance with Code requirements.
4. That waiver (d), minimum lot width, is hereby approved on the basis that the property is
oddly-shaped, which prevents typical plotting of lots; and that the overall density at 3.8 dwelling units per
gross acre is significantly less that what the Hillside Low Density Reside~tial land use designation would
allow (up to 5 dwelling units per gross acre).
5. That waiver (e), orientation of residential structures, is hereby approved on the basis that
the property is oddly-shaped, which prevents typical plotting of lots; and that more than half of this site
consists of frontage adjacent to two arterial highways (Imperial Highway and Via Escola).
6. That the above-mentioned waivers are hereby granted on basis that there are special
-- ciFe~rt~s~anees appEieable to the property s~Eh as shape; topogcaphy, IoEation and- sur-~o~adi~gs wk~i~h- do
not apply to other identically zoned property in the same vicinity; and that its irregular-shape and location
at the intersection of two arterial highways prevents full conventional development of this property
consistent with the neighboring single-family residential tracts to the north and west.
7. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity.
8. 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.
9. That the requested variance, as approved, 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 the property in question.
10. That the requested variance, as approved, 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.
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 ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct 11 single-family residences on an
irregularly-shaped 2.9-acre property located at the northeast corner of Imperial Highway and Via Escola,
having frontages of 811 feet on the north side of Imperial Highway and 392 feet on the east side of Via
Escola; 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.
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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:
1. That all air conditioning facilities and other ground mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
2. That a six (6) foot high decorative masonry block sound wall shall be constructed and maintained
along the east and south property lines along Imperial Highway and Via Escola. Clinging vines to
eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to said
wall, and that said landscaping shall be irrigated and maintained,. Said information shall be
specifically shown on the plans submitted for building permits.
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 the California Administrative Code, Title
25. Said information shall be specifically shown on the plans submitted for building permits.
4. That each lot shall have adequate street frontage to provide an area for trash collection and each lot
shall have a location in which to store the trash barrels out of the public's view. The developer shall
submit a plan for trash barrel storage to the Public Works Department, Streets and Sanitation
Division, €or review a~d appFava~ pr-ior to iss~ance of a buildir~g permit. -
5. That final site, floor and elevation plans for each residence, showing additional architectural
enhancements for all building elevations for all three models shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a"Reports and Recommendations"
item.
6. That approval of Variance No. 2001-04433 is granted subject to approval and finalization of
Reclassification No. 2001-00048, and finalization and recordation of Tentative Tract Map No. 16036.
7. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a
separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water
Efficiency" of Anaheim Municipal Code and Ordinance No. 5349.
8. That if the City of Anaheim is to provide water service, the developer/owner shall submit the
following to the Public Utilities Water Engineering Division: an estimate of the maximum fire flow
rate, and the average day, maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water system to provide the
estimated water demands. Any off-site water system improvements required to serve the project
shall be in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
9. That the developer/owner shall extend the twelve inch (12") water main from Imperial Highway to the
project site if the City of Anaheim is to provide water service. Water improvement plans shall be
submitted for Public Utilities Water Engineering Division for review and approval in determining the
conditions necessary for providing water service to the project.
10. That any required relocation of City of Anaheim electrical facilities shall be at the developer's
expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required.
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11. That gates shall not be installed across any driveway in a manner, which may adversely affect
vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the
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 permit or installation, whichever occurs first.
12. That a landscaping plan shall be submitted to the Zoning Division for review and approval, which
plan shall include trees planted on maximum finrenty (20) foot centers. Said landscaping, once
planted, shalf be maintained in conformance with said plan.
13. That prior to the commencement of construction or other activities involving significant soil
disturbance, all areas of Coastal Sage Scrub (CSS) to be avoided on adjacent lands shall be
identified with temporary fencing or other markers clearly visible to construction personnel. Prior to
issuance of a building permit, the property owner/developer shall submit a letter to the Planning
Department documenting compliance with this measure.
14. That if construction activities are planned during gnat catcher breeding and nesting season
(February 15th through August 30t''), the developer shall implement measures (e.g,, construct sound
and light barriers), as recommended by a monitoring biologist in possession of a Section 10(a)1(A)
recovery permit from the U.S. Fish and Wildlife Senrice, to avoid impacts to breeding and nesting
birds.
15. That following completion of initial grading/earth movement activities and prior to commencement of
construction activities, all areas of Coastal Sage Shrub (CSS) on adjacent lands that are to be
avoided by construction equipment and personnel shall be marked with temporary fencing or other
appFOpFiat€-~-aFk~FS-cl€a~Gy uisible ta ca~structian persor~nel. No constructio~- access, parking, or
storage of equipment or materials shall be permitted within such marked areas. Prior to
commencement of construction, the property owner/developer shall submit a letter to the Planning
Department documenting compliance with this measure.
16. That ongoing during construction, waste dirt and/or rubble shall not be deposited on the adjacent
Coastal Sage Shrub (CSS). Pre-construction meetings including the monitoring biologist,
construction supervisors and equipment operators shall be conducted and documented to ensure
maximum adherence to this measure.
17. That ongoing during construction, Coastal Sage Shrub (CSS) located within the likely dust drift
radius of construction areas shall be periodically sprayed with water to reduce accumulated dust, as
recommended by the monitoring biologist.
18. 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 and 2, and as conditioned herein.
19. 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, 8, 9, 12, 13 and 15, 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.
20. Prior to final building and zoning inspections, Condition Nos. 7, 10 and 18, above-mentioned, shall
be complied with.
That approval of this application constitutes approvaf 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 not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
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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 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.
May 7, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON, ANAHEI ITY LANNING COMMISSION
ATTEST:
~~ i~°""LS-~~ ~~..~'~-e""~.o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
cert~~y ~hat ~he-foKegai~g-resolution was -passed and adopted at a meeting of ihe Anaheim City_Plaaaing_
Commission held on May 7, 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 v2-~ s~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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