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Resolution-PC 2004-89~ ~ RESOLUTION NO. PC2004-89 ` A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04619 BE GRANTED (1429 WEST CRONE AVENUE) 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 EAST70 FEET OF THE WEST 280 FEET OF THE SOUTH 300 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF LOT 48 OF THEANAHEIM EXTENSION, IN THE CITY OFANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP -0F SURVEY BY WM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163, ET ` SEQ. ENTITLED "LOS ANGELES COUNTY MAPS". EXCEFT THAT PORTION THEREOF LYING SOUTH OF THE NORTH LINE OF THAT STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED MARCH 2, 1908 IN BOOK 157, PAGES 334 AND IN BOOK 957, PAGE 335 OF'DEEDS 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 August 9, 2004, 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 18.60, 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 establish a two-lot, RS-2 single- family residential subdivision: SECTION NO. 18.92.150 Minimum lot frontaqe on a public or private street (frontaqe abuttina at least one public or private street with leqal access to a qublic riqht-of-way or allev required; no frontaae proposed). 2. That the above-mentioned waiver is hereby granted based on the special circumstances of this property due to its long depth and narrow width, making compliance with these Code standards difficult. 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 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 2 people spoke with concerns regarding parking; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That theAnaheim City Planning Commission has reviewed the proposal to waive the of minimum lot frontage on a public or private street for a two-lot single-family residential subdivision; and does hereby approve the Negative CR\PC2004-089 -1- PC2004-89 ~ ' ~ Declaration upon finding that the declaration reflects the independent judgment 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#he 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 thefiollowing 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 Gitizens of the City of Anaheim: ' 1. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to the issuance of a building permit. The fee is currently $ 12,353/acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. Jf the impervious area increases, the fee will be proportional to the increase. 2. That the City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim, Zone C Area shall be paid prior to the issuance of a building permit, The fee is currently $ 218 / unit for residential , developments. _ 3. That a detail of trash barrel storage location and trash collection pickup shall be approved by the Public Works Department, Streets and Sanitation Division. 4. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. : 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 Variance No. 2004-04619 is hereby granted subject to the approval and recordation of Tentative Parcel Map No. 2004-137, and finalization of Resolutio~n No. 2004-00126 now pending. ~ 7. That signage as approved by the Planning Services bivision shall be installed and readily visible from Crone Avenue, indicating the address and location of the rear house to facilitate response by emergency vehicles. 8. 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. 9. 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. 10. 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, 6 and 8 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. 11. That prior to final building and zoning inspections, Condition Nos. 7 and 9, above-mentioned, shall be complied with. -2- PC2004-89 ~ ~ 12. That approvaf of this application constitutes approval of the proposed request only to the extent that it compiies with theAnaheim 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 orrequirement. BE IT FURTHER RESOLVED that the Anaheim CityPlanning Commission does hereby find and determine that adoption of this Resolution' is expressly predicated upon applicanYs compliance with each and all of the conditionshereinabove set forth. Shouid any such condition, or any part thereof, be declared invalid or unenforceable by the final judgmenf 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 August 9, 2004. Said resolution is subject to the appeai provisions set forth in Chapter 18.60, . "Procedures" of the Anaheim Municipal Code pertaining to appeal proce es and may replaced by a ' City Council Resolution in the event of an appeaL ~ CHAIRPERS N, A HEI CITYPLANNING COMMISS RTTEST: _ ~-~-„~,,,~....~-- ~',-~~ , SEN10R SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I; Eleanor Morris, 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 Planning Commission held on August 9, 2004, by the following vote of the members thereof: ~ AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDER8ILT-LINARES VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this l~O ~ day of ~ , 2004. ~ ~. „~.,,,~-e._ /~~c~v ~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION