Resolution-PC 2002-93~
RESOLUTION NO. PC2002-93
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04500 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:
THE EAST 165 FEET OF THE WEST 330 FEET OF THE NORHT 650 FEET OF THE
EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51. PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 20, 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 reclassification and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued to the June 3
and June 17, 2002 Planning Commission meetings; 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 th_ e following facts:
1. That the petitioner proposes waivers of the following to establish a 4-lot, 3-dwelling detached
single-family residential subdivision in the RS-7200 (Residential, Single-Family) zone.
(a) Section 18.01.130 - Required lot frontage on a public or private street.
(b) Sections 18.04.080.010 - Required dedication and improvements.
18.04.080.020 (dedication to 30-foot ultimate street half width including 8-foot wide
and 18.26.100 landscaped parkway improvement required along Priscilla Street;
25-foot street half width with no landscaped parkway existing and
proposed)
(c) Section 18.26.061.010 - Minimum lot area.
(d) Section 98.26.061.020 - Minimum lot width.
(70 feet required; 55 feet proposed for Parcel Nos. 2, 3 and 4)
2. That the above-mentioned waivers (a) and (c), required lot frontage on a public or private
street and minimum lot area, are hereby denied on basis that revised plans were submitted deleting the
waivers.
3. That the above-mentioned waiver (b), required dedication and improvements, is hereby
granted on basis that strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties in the area because Priscilla Street along the east block face has been developed with a
25-foot half width including a 7-foot wide sidewalk but no landscaped parkway; and that Urban Forestry staff
has reviewed the waiver and recommended that additional trees be installed within the residential portion of
the parcel map to compensate for the lack of trees in a parkway.
4. That the above-mentioned waiver (d), minimum lot width, is hereby granted based on the
location of the project, which is at the end of a cul-de-sac on property developed with a church; that the
configuration of the existing property makes frontage for the three proposed parcels along Priscilla Street
difficult; and that there are special circumstances applicable to the property consisting of its shape, location
and surroundings which do not apply to other identically zoned property in the vicinity.
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5. 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.
6. 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.
7. 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 for waivers of required lot frontage on a public or private street
(deleted), required dedication and improvements, minimum lot area (deleted), and minimum lot width to
construct 3-dwelling units in a proposed 4-lot subdivision in the RS-7200 (Residential, Single-Family) Zone
on a 2.25-acre property located at the southeast corner of South Street and Priscilla Street, with frontages of
165 feet on the south side of South Street and 475 feet on the east side of Priscilla Street, and further
described as 2216-2220 East South Street; 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 substantiat evidence that
the project will have a significant effect on the environment.
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 necessa_ry_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 final site, elevation and floor plans for the single-family residences on Parcel Nos. 2, 3 and 4 shall
be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports
and Recommendation" item.
2. That prior to applying for water meters or fire lines or prior to submitting the water improvement plans
for approval, the developer shall submit an estimate to the Water Engineering Division, Utilities
Department, indicating the maximum fire flow rate and maximum day and peak hour water demands for
the project. This information shall 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 shali be provided in accordance with Rule No. 15A.6 of the Water Utiiity Ra4es, Rules and
Regulations.
3. That individual water service and/or fire line connections wil! be required for each parcel in accordance
with Rule 18 of the City of Anaheim Water Rates, Rules and Regulations.
4. That any required relocation of City electrical facilities shall be at the developer's expense.
5. That all existing water services shall conform to current Water Utility standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current standards or
abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by
the developer.
6. That each parcel shall be assigned a street address by the Building Division.
7. That the addresses of all three residential parcels (Nos. 2, 3 and 4) shall be readily identified from the
public right-of-way (Priscilla Street) for the purpose of facilitating rapid response by emergency
personnel. Said information shall be specifically shown on the plans submitted for building permits.
8. 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 area(s) shall be specified on the plans submitted for building permits.
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9. That a final map to record the subdivision of subject property shall be submitted to and approved by the
City of Anaheim and shall the~ be recorded in the Office of the Orange County Recorder.
10. That approval of this variance is contingent upon adoption of an ordinance reclassifying the property
and approval of Tentative Parcel Map No. 2000-253 now pending.
11. That to compensate for the absence of parkway landscaping along Priscilla Street, a Iandscaping plan
shall be submitted to the Zoning Division for review and approval showing enhanced landscaping
consisting of trees, shrubs and groundcover within the residential portion (Parcel Nos. 2, 3 and 4) of this
project.
12. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department
marked Revision No. 1 of Exhibit No. 1, and as conditioned herein.
13. 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, 6, 7, 8, 9, 10 and 11, above mentioned, shall be
complied with.
14. That prior to final building and zoning inspections, Condition Nos. 5 and 12, above-mentioned, shall be
complied with.
15. 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
17, 2002. ~
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CHAIRPE S N, ANAHEIM CI LANNING COMMISSION
Al7EST:
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SECRETARY, ANAHEIM CITY PLANNlNG COMMISSION
STATE OF CALiFORI~iA )
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 June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this .Z- n a~ day of
c~ ~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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