Resolution-PC 98-129RESOLUTION NO. PC98-129
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4345 BE GRANTED
V'JHEREAS, 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
descrlbed as
PARCEL 1:
THE WFSTERLY 100 FEET OF THE NORTHERLY 245 FEET OF THE
EASTERLY 2Z0 FEET OF THE EAST HALF OF THE WEST HALF OP THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCFiO LOS
COYOTES, AS SHOWN ON A MAP RE ~ORDED IN BOOK 51 PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA. _
PARCEL 2:
THE ~ASTERLY 120 FEET OF THE NORTHERLY 245 FEET OF THE
EAST HALF OF THE WES7 HALF OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A
MRP RECORDED IN BOOK 51 RAGE 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL3:
THE WEST HAIF nF THF NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
S.B.B. & M.
EXCEPTING THEREFROM THE NORTH 245 FEET OF i HE EAST 220
FEET.
WHEREAS, the City Planning Commission did hold a public hearing a! the Civic Center in
the City of Anaheim on August 17, 1998, at 1;30 p.m., notice of said pubiic 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 ccnsider evidence for and against said proposed variance and to investigate and melce
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:
CR3399PL.DOC -1- PC98-129
1. That the petitior,er proposes waivers of the following to construct a 71-unit, 2-story,
single-family residential subdivision: .
(1) Sections 18.27.061.010 - Minimum lotsize.
18.27.061.030 (5.850 sa, ft. required for dwellinys with 4-bedrooms in
and 18.27.062.031 the RS-5,000 Zone;
4.407 sa. ft. net (excluding private rights-of-way)
proposed)
(2) Section 18.27.0~2.031 - Maximum lot coveraae.
{35% permitted; 36% to 41 °/a oroposed)
2. That the above-mentioned waivers (1) and (2), minimum lot size and maximum Iot
coverage, are hereby granted on basis that there are special circumstances applicable to the property
consisting of its size and shape which do not apply to other identically zoned property in the same vicinity
because the property has a long and narrow configuration; and that strict application of the Zoning Code
deprives the property of privileges enjoyed by other properties in the identical zone and classification in
lhe vicinity.
3. That although the net lot sizes are 4,407 sq. ft. (excluding private rights-of-way), the
gross iot sizes will be 6,319 sq, ft.
4. 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 generaily to the property or
class of use in the same vicinity and zone.
5. 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, and denied to the
praperty in question.
6. That the requested variance will not be materiaily detrimentai to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
7. That one person was present at the public hearing in favor oF proposal; and one
person was present a the hearing in opposition; and that no correspondence was received in opposition
to this petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of minimum lot size and maximum lot
coverage to construct a 71-unit, 2-story single-family residential subdivision on a 10.3-acre rectangularly-
shaped parcel located at the southeast corner of Orange Avenue and Halliday Street with frontages of 330
feet on the south side of Orange Avenue and 1,350 feet on the east side Halliday Street (3038 West
Orange Avenue); ar~d 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 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 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:
That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
-2- PC98-129
2. Condition No. 2 was deleted by the Planning Commission at the August 17, 1998, public hearing.
3. That roll-up garage doors shall be shown on plans submitted for building permits for every dwelling
having a driveway less ttian twenty five (25) feet long. Said doors shall be installed and maintained
as shown on submitted plans.
4. That Variance No. 4345 is hereby granted subject to ihe finalization of Reclassification No. 98-99-02
and the recordation of Tentative Tract Map No. 15703, now pending.
5. That clothes washer and dryer hookups shall be incorporated into the garage or living area for each
dwelling unit and shall be shown on the plans submitted for building permits.
6. That clinging vines and/or fast-growing shrubbery shall be planted and maintained adjacent to all
fences visible to Orange Avenue. Minimum five (5) gallon sized plants with min;mum one (1) gallon
sized vines on maximum three (3) foot centers shall be planted in these areas. Said information
shall be specifically shown on plans submitted for building permits.
7. That final enhanced building eievations with upgraded window treatments (such as pot shelves and
facia trim), fencing, and sign plans shall be subr7itted t~ the Zoning Division for review and approval
by the Planning Gommission as a"Reports and Recommend~tions" item. The specific location of
the perimeter ~~asonry wall adjacent to Orange Avenue shall be s~bject to the review and approval
of the City Traffic and Transportation ti1anager for line-of-sight considerations.
8. That the developer shall be responsible for payment of school fees as required by State law.
9. That pedestrian access to Orange Avenue shall be provided through an opening in the northerly
block wall. Said information shall be specifically shown on plans submitted for building permits.
10. That any temporary off-site advertising for the sale of these homes shall comply with Zoning Code
requirements. Cardboard stick signs shall be prohibited.
11. That plans shall be submitted to and approved by the City Traffic and Tr•_ansportation Manager
specifying how the vehicular security gates and vehicle turn-around area wiA f~!nction. Gates shall
not be installed across the driveway in a manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609
and shall be subject to review and approval by the City Tra~c and Transportation Manager prior to
issuance of a building permit.
12. That the developer shall be responsible for providing and planting one (1) minimum twenty four inch
(24") box canopy-type tree in the front yard of every dwelling unit. Said trees shall be specifically
shown on plans submitted for building permits.
13. That the minimum interior garage size shall be twenty (20) feet by twenty (20) feet. The minimum
driveway I~ngth shall be twenty (20) feet. Said information shail be specifically shown on plans
submitted for building permits.
14. That trash storage areas and the location of barrels for trash colleclion 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 storage arsas
shall be designed, loc;.~ted and screened so as not to be readily identifiable from adjacent streets or
highways. Said information shall be specifically shown on the plans submitted for building permits.
15. 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.
-3- PC98-129
16. 'fhat an on-site trash truck turn around area be provided in accordance with Engineering Standard
Detail Na. 610 and as required by the Department o'r Public Works, Street Sweeping and Sanitation
Division. Said information shall be specifically shown on plans submitted for building permits.
17. Condition No. 17 was deleted by the Planning Commission at the August 17, 1998, pu6lic hearing.
18. That a landscaping plan for the entire site shall be submitted to ihe Zoning Division of the Planr,ing
Department specifying type, size and location of the landscaping and the irrigation facilities for
review and approval by the Planning Commission as a"Reports and Recommendations" item.
Once approved, the landscaping and irrigation facilities shall be installed and maintained in
accordance with the plan.
19. Condition No.99 was deleted by the Planning Commission at the Augusf 97, 1998, pu6lic hearing.
20. That "B" Street shall be provided with aesthetic enhancements in the form of hardscape materials
such as brick or stone pavers or stamped and colored concrete. Final plans showing said
enhancements shall be submitted to the Zoning Division of the Planning Department for review and
approval by the Planning Commission as a"Reports and Recommendations item:' _
21. That the locatians for future utility devices (including, but not limited to, electrical transformers, water
back flow devices, gas, communications and cable devices, etc.) shall be shown on plans submitted
for building permits. Plans shall also identify the specific treatment of each device (i.e., landscape
screening, color of walls, materials, ideniifiers, access points, etc.). The plans shall be subject to
review and approval by the appropriate Ciry departments.
22. That prior to the approval of a grading plan for this property or prior to any grading of this property,
whichever occurs first, line-of-sight plans shall be submitted to the Zoning Division for review and
approval showing that the finished grade of lhis property will not exceed two (2) feet above the
grade of the single-family lots adjacent to the south property line.
23. That prior to cornmencing construction of the first dwelling unit, the developer shall construct a six
(6) foot high (as measured from highest adjacent grade) block wall adjacEnt to the north, east and
south property lines except along portions of lots immediately adjacent to the zero-lot line
condominium building walls along the east property line. Said fence shall be shown on plans
submitted for building permits.
24. That the subject property shall be developed substantiaily in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plens are on file with the
Planning Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
25. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 4, 5, 6, 7, 9, 11, 12, 13, ~14, 15, 16, 18, 20, 21,
22 and 23, 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.
26. That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be
complied with.
27. 7hat approval cf this application constitute:~ 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.
-4- PC98-129
:~ ~
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine tnat adoption of this Resolution fs expressly predicated upon appiicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such conditio , or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competer~jurisdiction, then this
Resolution, and any approvals herein contained, shall be de~med nlill-qnd ~ceiQ"7 /
THE FOREGOING RESOLU710N was
August 17, 1998.
of
l:t'1HIKMF'iIV, ~T,,qtitlM (;ITY PL"ANNING COMMISSION
Al-fEST:
SECRETARY, AHEIM CITY PLANNING COM{NISSION
STATE OF CALIFORNIA )
COUNTY OF ORr1NGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 17, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS:
VACANCY: ONE SEAT
~~`~~~"¢- IN WITNESS WHEREOF, 1 have hereunto set my hand this ~~~ day of
~~, 1998.
l(~tc,(GV ~K~
SECF~ETARY, AHEIM CITY PLANNING COMMISSION
-5- PC98-129