Resolution-PC 2005-144. .
RESOLUTION.NO. PC2005-144
A RESOLUTION OF THE ANAHEIM PLANNING COMMiSSION
THAT PETITION FOR VARIANCE N0; 2005-04653 BE GRANTED
WHEREAS, the Anaheim 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:
PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE ' SOUTHWEST QUARTER OF ' SECTION 2,
TOWNSHIP 4 SOUTH, RANGE 10 `WEST, SAN BERNARDINO BASE ' AND ~
MERIDIAN, DESCRIBED'ASFOLLOWS: -
' BEGINNING AT A POINT ON THE' NORTHERLY LINE OF SAID NORTHWEST
QUARTER, DISTANT _SOUTH '89° 03' 42" EAST 300.00 FEET FROM THE
NORTHWE5TERLY , CORNER OF SAID NORTHWEST QUARTER; ' TNENCE
SOUTH 0° 11' 18" WEST 140.43 FEET; PARALLEL WITH THEWESTERLY LWE OF
SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF LAND DESCRIBED
1N A DEED TO THE STATE OF CALIFORNIA,RECORDED JUNE 7, 1955, IN BOOK'
3093, PAGE 319, OFFICIAL RECORDS; THENCE ALONG SAlD'NOR7HERLY LINE,
THE FOLLOWING BEARINGS AND DISTANCES:
NORTH 89° '47' 33" EAST 120.83 FEET, NORTH 89° 01' 45" EAST 15.45 FEET;
' THENCE NORTH 0° 11' 18" EAST 137.50 FEET PARALLEL WITH THE WESTERLY
- LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF SAID '
NORTHWEST QUARTER ; THENCE NORTH 89° 03' 42" WEST ALONG SAID LINE
136.25 FEET TO THE POINT OF BEGINNING. '
PARCEL B: THAT PORTION OF THE FRACTIONAL WEST HALF OF
SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, W THE RANCHO SAN
JUAN CAJON DE SANTA ANA, PARTLY WITHIN THE CITY OF ANAHEIM, AND
PARTLY WITHIN THE CITY OF FULLERTON, AS SHOWN ON'A MAP THEREOF -
RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 27, 2005, at 2:00 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
"Procedures", to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and that said pubic hearing was continued to
the July 25, September 7, and October 3, 2005, Planning Commission meetings, and ;
WHEREAS, said Commission, after due inspection, investigation and study made by itseff
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 construct four single-family
residences:
(a) SECTION NO. 18.04.050 Minimum lot width (70 feet required along
Burton Street; 37 to 50 feet proposed)
(b) SECTION NO. 18.04.040 Minimum lot area (7,200 square feet
required; 5.025 to 5.588 square feet proposed on
Lots 1, 2 and 3 proposed)
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2. Tnat the above-mentioned waivers (a)pertaining to minimum lot width and (b) pertaining to
minimum lot area are hereby granted based upon the irregular shape of the property combined with its '
location on the curved portion of a cul-de-sac and also abutting the SR-91 (Riverside) Freeway, and further
on the basis that there are special circumstances applicable to the property such as size, shape, topography,
location and surroundings which do not apply to other identically zoned property in the same vicinity; and #hat
strict application of the Zornng Code deprives the: property of the density enjoyed by other properties in the
identical zone and classification in the vicinity. The property frontage is approximately 175 feet, allowing only
two lots per Code requirement, each with a minimum lot width of 70 feet. The size of the two lots would be
17,554 square feet each, far greater than other single-family lots in the vicinity that are approximately 7,200
square feet each.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or tothe 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 #he same vicinity and zone, and denied to the property in
question.
5. , That the requested variance will not be materially detrimental to the public health or safety or
to the'property or improvements in such vicinity and zone in which the property is located.
6. That no one indicated their presence at said public hearing in'opposition; and thatno
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to request waivers of (a) minimum lot width and (b) minimum lot area
to construct#our single-family residences; and does hereby approve the Negative 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
the'project will have a significant effect on the environment:
NOW, THEREFORE, BE 17 RESOLVED that the Anaheim 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 prior to the issuance of the first building permit, any required relocation of City electrical facilities
shall be at the developer's expense. That fandscape and/or hardscape screening of all pad-mounted
equipment shall be required and shall be shown on plans submitted for building permits.
2. 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.
3. Proposed Condition No. 3 was deleted at the P/anning Commission public hearing.
4. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to
parking standards and driveway tocations. Subject property shall thereupon be devefoped and
maintained in conformance with said plans.
5. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to ,
the Public Works Department, Streets and Sanitation Division for review and approvaL
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6. That all requests for new water services or fire lines, as welt as any modifications, relocations, or
' abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering
Division of the Anaheim Public Utilities Department.
7. That Variance No. 2005-04653 is hereby granted subject to the approval and'recordation of Tentative
Parcel Map No. 2005-132, now pending.
8. That prior to the issuance of the first building permit for the first dwelling unit or prior to the issuance of a ,
building permit for the noise barrier wall, whicheveroccurs first, the property owner/developer shall submit
a final noise analysis to the Planning Services Division of the Planning Department indicating compliance
with the noise levels of Council Policy 542 or other regulation in effect at the time of the issuance of
buifding permits. That if.substantiated by the final noise analysis, a 10 foot high sound barrier wall, or
other height as determined necessaryby the study, shall be constructed in the location shown on the
apProved site plan.
9. That the 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 Nos. 1 through 5, 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, 4, 5, 6, 7 and 8, 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.
11. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall 6e complied
with. :
12. 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 appficable 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 RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying aN charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice prior to
issuance of a building permit or prior to commencement of the activity, whichever occurs first. Failure to pay '
aff charges shalt result in the revocation of the approvai of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 3, 2005. Said resolution is subject to the appeal provisi n set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedure may be replaced by a City Counci{
Resolution in the event of an appeaL
CHAIR AN PRO TEMPORE, NAHEIM PLANNING COMMISSION
ATTEST:
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/l~--r~.~•-,r~--
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY 4F ANAHEIM )
i, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the AnaheimPlanning Commission
held on' October 3, 2005, by the following vote of the members thereof:
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AYES: COMMISSIONERS: BUFFA,'FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERSt EASTMAN
IN WITNESS WHEREOF, I have hereunto~set myhand this 7 T~ day of
~D Ve r-, ~ t r, 2005.
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SENIOR SECRETARY, ANAHEIM'PLANNING COMMISSION