Resolution-PC 2009-047RESOLUTION NO. PC2009-047
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA NEGATNE DECLARATION AND APPROVING
VARIANCE NO. 2009-04773
(929 NORTH NY LANE)
WHEREAS, t}ie Anafieim City Planning Comrnission did receive a verified
PetiCion for a Variance for a deviatio~ in lot widCh, lot depth, and sound attenaation req~irements
to constnact four oew single family homes adjacent to the Interstate 5 Freeway, for certain real
property situated in the City of Anaheim, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.
WHEREAS, Variance No. 2009-04773 is proposed in connectioo with Tenkative
Pazcel Map No. 2008-188 to construct four single-family residential dwelling units; and
WHEREAS, the property is currenfly vacant and is located i~ Che RS-2 (Single-
Family Residential) zone; that the Anaheim General Plan designates this property for Low-
Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 30, 2009, at 230 p:m. notice of said public hearing
having beao duly given as reguired by law and in accordance with Che provisions of the Anabeim
Municipal Code, Chapter 18.60 "Proeedares", 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, afrer 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 fi~d aod determine the following facts:
1. The applicant requests a variance from the followiqg development standards to
construct four single-family residences:
(a) SECTION NO. 18.04.050:010 Minimum Lot Width (65 feet
proposed; 70 feec required).
(b) SECTION NO. 18.04.060.010 Minimum ~.ot Denth (65 feet
proposed for Parcels Two and Four;
150 feet required).
(c) SECTION Np. 18.40.090.040 Sound Attenuation (a ma~cimum
noise level of 71.2 decibels is
proposed; a maximum exterior noise
of 65 decibels within Che private rear
yud of any single family ]ot that is
located within 600 feet of any
freeway is perm3tted).
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2. The variance pertaining to the minimum IoC width xequired is hereby approved
because strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties uoder ideptical zoning classification in the vicinity. The existing single-
family residential lots along Fir Avenue and Ivy Lane have lot widths of 55 to 60 feet, which is
also less than what is required by code. The proposed lots would bave a site des9gn cousistent
with Che character of the neighborhood.
3. The variance pertainiug to tl~e minimum lot deptb is hereby approved because
strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity. There is a single-family
residentia~ lot along Catalpa Avenae with a lot depth of 91 feet adjacent to the InCerstate 5
Free~vay. The variance would allow Che developer of this site to develop this property with
single-family homes aY a density consistent with the General Plan.
4. The variance pertaining to ma~cimum exter9or noise levels within the private rear
yard of the proposed parcels is hereby approved. Noise levels exceed City requirements because
of the Interstate 5 Freeway and tbe Brookh~r9t off-ramp located directly adjacent to the properCy.
There are special circumstances applicable to the property becanse of the property's adjacency Co
the freeway and the fly-over ]ane. In addition, prior to the freeway widening there were single-
family homes with rear yards adjacent to the freeway.
NOW 'I`I-IEREFORE BE IT RESOLVED thaC tlie Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Negative Declaration in
connection with Variance No. 2009-04773 is adequate to serve as the required environmental
documentation in connection wiCh this request.
BE IT FURT~IER RESOLVED ChaY the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Variance No. 2009-04773 subject to the
conditions of approval described in Exbibit "B" attached hereYO and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
s~bject groperCy in order to preserve the health, safety and general welfare of Che Citizens of t}ie
City of Anaheim.
BE IT F[JR'I'HER RESOLVED thaC the Anaheim City Pianning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with eaeh 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 compeCent jurisdiction, then this Resolution, and any approvzls herein conta'sned,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
cbarges related Co the processing of this discretiooary case application wiChin 15 days of the
issuance of the final invoice.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 30, 2009. Said resolution is subject to the appea] provisions set forth 3n
Chapter 18.60 "Procedures" of the Anaheim Mu~icipal Code pertaining to appeal procedures and
may be replaced by a City C4uncil ResoluCion in the eveot of an appeal.
CHATRMAN, AI~HE~1v1 CITY PLA~INING COMMISSION
ATTEST:
SENIOR SECR~TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAIIEIM )
I, Grace Medina, Senior Secretary of the Anaheim C4ty 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 30, 2009 by the following vote of the members
thereof:
AYES: COMMTSSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI,ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
" IN WITNESS WHEREOF, I have hereunto set my hand this 30'" day of Iviarch, 2009.
~w- ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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E~HIBIT "A"
V.4RIANCE NO. 2009-04773
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Source: Recorded Tract Maps and/or City GIS.
Please nole ihe accuracy is +/- two to five feel.
70730
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DOGWOOD AVE
EXHIBIT "B"
VARIANCE NO. 2009-04773
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
' PRIOR TO ISSUANCE OFBUILDING'PERMITS
L The homes shall be developed with windo~vs with a STC rating of Building
apgroximately 32. A final noise sCudy shall be prepared Co
analyze specifacally what STC rated window is necessary for the
residential dwelling ~nits.
GENERAL
2. The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the Ciry of
Anaheim by the applicanC and which plans are on t71e with the
Planning DepartmenY marked Exhibit No. 1(Tentative Pazcel
Map) and as conditioned herein.
3. Approval of this applicaYion constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, SYaCe, and Federal regolations. Agproval does not include
any action or findings as to compliance or approval of the
request regarding any oYher applicable ordinance, regalation or
requirement.
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