Resolution-PC 2002-50~ ~
RESOLUTION NO. PC2002-50
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04489 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 9, EXCEPTING THEREFROM THE SOUTHEASTERLY 25.75 FEET; AND
LOTS 10, 11 AND 12 OF TRACT NO. 701 HAMILTON TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 20, PAGE 42 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 of Anaheim on March 25, 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:
residences:
That the petitioner proposes waiver of the following to construct three single-family
(a) Section 18.26.063.010 - Minimum front yard setback.
(25 feet required from ultimate right-of-way; 10 feet proposed)
(b) Section 18.26.065.010 - Orientation of residential structures adjacent to arterial highways.
(dwellings required to rear onto ~arterial highways;
three dwellings proposed to front onto Harbor Boulevard)
2. That the above-mentioned waivers are hereby granted on basis 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 the property in question because existing
dwellings along Harbor Boulevard have setbacks which average 25 feet and which will be significantly
reduced when ultimate right-of way improvements are constructed, in comparison to the proposed 35-foot
setback from existing Harbor Boulevard until the ultimate right-of-way is constructed and the setback will
be reduced to 10 feet.
3. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because the proposal is
similar to the existing setbacks and orientation of dweilings in the surrounding established historical
communiry along Harbor Boulevard.
4. That there are special circumstances applicable to the property consisting of its location
and surroundings which do not apply to other identically zoned property in the same vicinity; and 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.
5. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the property is located.
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6. That one person spoke at the public hearing with questions about the proposed parking,
roofing material and elevations; that no one indicated their presence at the public hearing in opposition;
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 5, 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 the property owner shall provide the City of Anaheim Public Utilities Department, Electrical
Engineering Division, with a public utilities easement to be determined as electrical design is
completed.
2. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of
the developer.
3. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department and in accordance with approved plans on file with said Department. Said plan
shall indicate storage and cotlection areas for three (s) automated trash barrels.
4. That plans submitted for building permits shall be in compliance with the Anaheim Colony Historic
District Preservation guidelines, and shall incorporate tile roofing consistent with the mission-style
architecture of the residences. Said plans shall be reviewed and approved by the Community
Development Department, Neighborhood Preservation Office; and that final plans shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
5. That the subject property shall be developed substantially in accordance with the 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 through 9, and as conditioned herein.
6. 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, 3 and 4, 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.
7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be
complied with.
8. That approval of this application constitutes 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
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 25, 2002.
, ~~~~
CHAIRPER N, ANAHEIM PLANNING COMMISSION
ATTEST:
'7 LQ.D
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
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 25, 2002, by the following vote of the members thereof:
AYES: COMMISStONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~T"'6 day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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