Resolution-PC 2004-103- ~ •
RESOLUTION NO: PC2004-103
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THATPETITfON FOR VARIANCE NO. 2004-04624 BE GRANTED
(2040 WEST BROADWAY) '
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, Sfate of California
described as:
THE EAST-100 FEET OF THE WEST 200 FEET'OF THE NORTH 250 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF 7HE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, "COUNTY OF
ORANGE, STATE OF CALIFORNIA.'
AN UNDIVIDED 1/6TH INTEREST 1N THE SOUTH l0 FEET OF THE NORTH 260FEET
OF THE EAST 25 FEET OF THE WEST 300 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SEC710N 17,
70WNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in -
the City of Anaheim on September 8, 2004, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the pcovisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
W HEREAS, 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 waiver of the following to establish a 2-lot, 2-unit, RS 2 single-
family residential subdivision:
SECTION NO. 18.92.150 Minimum lot frontaqe on a public or private street (Frontage
required; private driveway access easement proposed)
2. That the above-mentioned waiver is hereby granted on the basis that there are special
circumstances applicable to the property such as the unusually deep lot relative to the width; which does not
apply to the majority of identically zoned properties in the same vicinity; and that strict application of the
Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and
classification in the vicinity.
3. 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.
4. 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.
5. That the requested variance 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.
6. That one person indicated their presence at said public hearing with concerns; and that no
correspondence was received in opposition to subject petition.
CR\PC2004-103 -1- PC2004-103
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed #he proposal to waive of required lot frontage on a public or private street to
construct a new single-family residence; and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgemenf 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does '
' hereby grant subject Petition for Variance, upon the #ollowing 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 City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim, Zone C Area shall
be paid. The fee is currently $226 / unit for residentia4 developments.
2. That a detailed plan of #rash barrel storage location and trash collection pickup shall be approved by the '
Public Works Department, Streets and Sanitation Division.- '
3. That roll-up garage do.ors shall be shown on plans submitted for building permits. Said doors shallbe
installed and maintained as shown on submitted plans.
4. That any required relocation of City electrical facilities to be at developer expense.
5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence. , _
6. That the existing chain link fence in the front yard shall be removed.
7. That Variance No. 2004-04624 is hereby granted subject to the approval and recordation of Tentative
Parcel Map No. 2004-168, and finalization of Reclassification No. 2004-00132 now pending.
8. That signage as approved by the Planning Services Division shall be installed and readily visible from
Broadway, indicating the address and location of the rear house to fac+litate response by emergency
vehicles.
9. That the legal owner of Lot No. 2 shall acquire a recorded unsubordinated covenant granting an access
easement from the legal property owner of Lot No. 1 for ingress and egress purposes to subject
property. Said easement shall be designed in a manner satisfactory to the City Traffic and
Transportation Manager and said covenant shall be in a form satisfactory to the City Attorney. A copy
of the recorded covenant shall be submitted to the Planning Services Division.
10: 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.
11. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
-2- PC2004-103
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• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
12. That all requests for new water service or fire lines, as well as any modifications, or abandonments of
existing'water services and fire lines, shall be coordinated #hrough Water Engineering Division of the
Anaheim Public Utilities Department.
13. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the'costs to upgrade or to abandon any water service or fire
line.
14. 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, 7 and 9 above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Chapter 18.60'of the Anaheim Municipal Code. ,
15. That prior to final building and zoning inspections, Condition Nos. 6, 8, 10, 11 and 13, above-mentioned,
shall be complied with.
16. 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. ,
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 a11 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.
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 al1 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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapfer 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to a eal procedures nd may be replaced by a City
Council Resolution in the event of an appeal. ~~ ~~
-~CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
AT~T:
'ARY, ANAHEIM CITY PLANNING COMMISStON
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 p3anning
Commission held on September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES, '
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2004.
SENIOR SECRETARY, ANAHEIM CITYPLANNING COMMISSION