Resolution-PC 2002-166•
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RESOLUTION NO. PC2002-166
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04535 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 69 OF TRACT NO. 1635, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP THERE OF RECORDED IN
BOOK 9 PAGES 1 AND 2 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 4, 2002, 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 the following waivers to retain and permit an existing 6-foot high
block wafl in conjunction with an existing single family residence:
(a) Sections 18.04.043.100.101(a) - Maximum fence heiqht (in the required front vard alona
18.26.063.010 Charlene Terrace).
and 18.26.064.110 3 feet high permitted in the 25-foot setback;
6-foot high block wall existing alonq the front property line)
(b) Sections 18.04.043.100.102(d) -
18.04.043.100.101(a)
18.26.063.020
and 18.26.064.110
Maximum fence heiqht (in the required side vard alona Underhill
Avenue).
(3 feet high permitted in the 5-foot side yard of a lot having a
reversed building frontage;
6-foot high block wall existing alonct the east 43 feet and the west 14
feet of the side property line and 6-foot hicth wood fence alonq the
south 5 feet of the west propertv line)
2. That fhe above-mentioned waiver (aj, maximum fience height in the required firont yard aiong
Charlene Terrace, is hereby granted on the basis that there are speciaf circumstances applicable to the
property consisting of the location of the residential building on the lot and the reversed orientation of the
building frontage (facing Underwood Avenue) which prohibit the full use and enjoyment of this property as a
single-famiiy residence by effectiveiy eliminating the useabie private open space and `backyard' typically
associated with single family residences; and that, due to these circumstances, strict application of the
Zoning Code would deprive this property of privileges enjoyed by other properties under identical zoning
classification in the vicinity.
3. That the above-mentioned waiver (b), maximum fence height in the required side yard along
Underhill Avenue, is hereby granted, in part, permitting the existing 6-foot high block wall, wood fence and
gate in the west 14 feet of the 5-foot setback along Underwood Avenue (between the garage and the west
property line) and denying the 6-foot block wall in the east 43 feet of the 5-foot setback along Underhill
Avenue (between the southeast corner of the house and the east property line along Charlene Terrance) on
the basis that that there are special circumstances applicable to the property consisting of the location of the
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residential building on the lot and the reversed orientation of the building frontage (facing Underwood
Avenue) which prohibit the full use and enjoyment of this property as a single-family residence by effectively
eliminating the useable private open space and 'backyard' typically associated with single family residences;
and that, due to these circumstances, strict application of the Zoning Code would deprive this property of
privileges enjoyed by other properties under identical zoning classification in the viciniry; and that, as
stipulated during the public hearing and as conditioned herein, the block wall parallel to Chartene Terrance
will be relocated approximately 1 foot to the west out of the public right-of way along Charlene Terrace and
the block wall in the east 43 feet of the 5-foot setback along Underhill Avenue will be relocated to the north to
align with the southeast corner of the house.
4. That the requested waivers, 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.
5. That two people spoke at the public hearing in support of the request.
6. That no one indicated their presence at the public hearing in opposition to the request; 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
Exemptions, Class 3, as defined in the State of California Environmental Impact Report ("EIR") Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
NQW, THEBEFOREr_B_E_I_T RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Variance, in part (approving waiver (b) 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 plans for the relocated/reconstructed block wall, as approved herein, shall be submitted to the City
Traffic and Transportation Manager for review and approval to show conformance with Engineering
Standard No. 137 pertaining to sight distance visibility for the 6-foot high block wall location as it
pertains to the driveway located on the property to the north and to the intersection of Underhill Avenue
and Charlene Terrace.
2. That the portion of the existing 6-foot high block wall parallel to Charlene Terrace and located within the
public right-of-way shall be relocated/reconstructed such that it is outside said public right-of-way. Said
information shall be specifically shown on the plans submitted for building permits and Zoning Division
approval.
3. That the easterly portion of the existing 6-foot high block parallel to Underwood Avenue (and located in
the easterly approximately forty three (43) feet of the setback between the house and Underhill Avenue)
shall be relocated northerly and reconstructed such that it aligns with the southeast corner of the house.
Said information shall be specifically shown on the plans submitted for building permits and Zoning
Division approval.
4. That subject property 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.
5. That within a period of three (3) months from the date of this resolution, Condition Nos. 1, 2, 3, 4 and 7,
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.
6. That approval of this application constitufes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code and any other applicable City, State, and Federal
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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.
7. That vines shall be planted adjacent to the block wall in order to minimize any graffiti opportunities.
Said information shall be specifically shown on the plans submitted for building permits.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 4, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 November 4, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this / 9~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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