Resolution-PC 99-209RESOLUTION NO. PC99-209
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4380 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verifled
Petition for Variance for certain real property situated in the City of Anaheim, County or Orange,
State of California described as:
LOT 12 OF TRA~T NO. 5591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 252, PAGES 4 TO 8 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFlCE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 22, 1999, 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 18.03, 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 foilowing fac2s:
1. That the petitioner proposes waivers of the following to establish an RS-
5000(SC) zoned singie-family residential subdivision:
(a) Section 18.04.020.023 - Required setback for lots adjacent to a freeway.
(minimum 150-foot deep lots, as measured from the
freeway right-of-way, required for residential lots siding
or rearing onto freeway rights-of-way; 23 to 146 feet
proposed for ten lots)
(b) Sections 18.27.061.020 - Minimum building site width.
and 18.27.061.021 (50 feet required, with 45 feet permitted for cul-de-sac
lots when measured at the building setback; nine 20 to
48-foot wide lots proposed and two lots fronting on a
private drive proposed)
2. That Reclassification No. 99-00-09 and Tentative Tract Map No. 15961,
considered concurrently with this variance, were approved to rezone this property from the RS-A-
43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) zone to the RS-5000(SC)
(Residential, Single Family - Sceni~ Corridor Overlay) zone and to permit 43 single-family
residences; and that the Anaheim General Pian designates this property for Hillside Low-Medium
Density Residential land uses.
3. That waivers (a) and (b), required setbacks for lots adjacent to a freeway and
minimum building site width, are hereby approved on the basis that there are special
circumstances applicable to the property consisting of its shape, topography, location and
surroundings which do not apply to other identically zoned property in the same vicinity beause
this is an irregularly-shaped parcei (being about 2,857 feet wide as measured along the SR
91/Riverside Freeway, and a maximum of 350 feet deep); that most of the proposed lots are
CR3811 PK.DOC -1- PC99-209
larger than required by the RS-5000 zone with the average size being 7,400 sq.ft.; and that most
of the lots conform to the required setback from the freeway and there are speciai conditions for
those that do not.
4. That the abave mentioned waivers are hereby granted on basis that strict
application of the Zoning Code deprives the property cf privileges enjoyed by other properties in
the identicai zone and classification in the vicinity.
5. That the requested variance is necessary for the preservatian and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied
to the property in question.
6. That the requested variance will not be materially detrimental to the public
welfare or injurious to the p~operty or improvements in such vicinity and zone in which the
property is located.
7, That six people spoke in favar of the proposal at the public hearing; and that no
correspondence was received in favor or the proposal.
8, That five people spoke in opposilion to the proposal at the pubiic hearing; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Planning Commission has reviewed the proposal to estabiish a singie-family
residential subdivision on a irregularly-shaped 10.0-acre property located southeast of Riverdale
Avenue, having a frontage of 100 feet on the south side of Addington Street and a frontage of
2,857 feet on the north side of the SR-91 (Riverside) Freeway, having a maximum depth of 350
feet, being located 310 feet east of the centeriine of Fauna Avenue, and further described as
40(~0 East Riverdale Avenue; and does hereby 2pprove the Negative Declaration upon finding
that the declaration reflects the independent judgement of the lead agency and that it has
cons!dered the Negative Declaration together with any comments received during the public
revie~v process and further finding on the basis of the initial study and any comments received
that th~~re is no substantial evidence that the project will have a significant effect on the
environ•nent.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commissioi does hereby grant subject Petition for Variance, upon the following conditions which
are hereby fo~nd to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the safery and general welfare of the Citizens of the City of Anaheim:
1. That gates shall not be installed across any d~iveway or private street in a manner which
may adversely affect vehicuiar traffic in the adjacent public street(s). Installation of any
gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the
reviaw and approva: oF the City Tra~c and Transportation Manager prior to issuance of a
building permit.
2. That if tilt-up garage doors are proposed, said tilt-up doors shall be shown on plans
submitted for building permits. Said doors shall be installed and maintained as shown on
submitted plans.
3. That prior to final tract map approval or prior to issuance of a building permit, whichever
occurs first, the developer shall prepare and pay for a tra~c signal design study at either
Finch Street and Riverdale Avenue, or Redrock Street and Riverdale Avenue. Further, the
applicant shali pay a fair share of the cost of that signal at the approved location, as
determined by the Traffic and Transportation Manager.
CR3811 PK.DOC -2- PC99-209
4. That sny required relocation of City of Anaheim electrical facilities shall be at the
developer's expense.
5. That prior to commencement of structural framing, fire hydrants shall be installed and
charged as required and approved by the Fire Department.
6. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox
box" devices as required and approved by the Fire Department. Said information shall be
specified on plans submitted for building permits.
7. That an automatic fire sprinkler system shall be designed, installed and maintained as
required by the Fire Department for Lot Nos. 18, 19, 20, 36 and 37 (i.e., flag lots and lots
with narrow frontages on a private drive). Said information shall be shown on plans
submitted for building permits.
8. That emergency vehicuiar access shall be provided and maintained in accordance with Fire
Qepartment Specifications and Requirements. Said information shall be shown on pians
submitted for building permits.
9. That an aIl-weather access road, as approved by the Fire Deparment, shall be provided
during construction.
10. That the fire hydrants shall meet minimum Fire Department Specifications and
Requirements for spacing, distance to st~uctures and availabie fire flow.
11. That water system looping to Addington Street shall be required.
12. That trash storage area(s) 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 Depa~tment. Said storage areas shall be designed,
located and screened so as not to be readily identifiable from adjacEnt public rights-of-way.
Said information shall be specificaily shown on the pians submitted for building permits.
13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Streets and Sanitation Division for review and approval.
14. That an on site trash truck turn around area shall be provided in accordance with
Engineering Standard Detail No. 610 and maintained to the satisfaction of the Publ~c Works
Department, Streets and Sanitation Division. Sa~d turn around area shall be specifically
shown on plans subrimitted for building permits.
15. That this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 99-00-09, now pending.
16. That prior to issuance of a building permit, a sound wall shall be constructed adjacent to the
freeway. Said wall shail be constructed of decorative block, shall be set back
approximately ten (10) feet from the CalTrans ~ight-of-way to provide mainfenance
accessibility and shall be planted with vines on maximum five (5) foot centers to eliminate
graffiti opportunities. It sha~l be the responsibility of the developer and subsequently the
Home Owner's Association to maintain the wall, the landscaping the irrigation facilities.
17. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petit(oner and which plans are on file
with the Planning Department marked Exhibit Nos.1, 2 and 3, and as conditioned herein.
18. That prior to issuance of a buiiding permit or within a period of onc (1) year from the date of
CR3811 PK.OOC -3- PC99-209
..~ -
this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 6, 7, 8, 12, 13, 14, 15 and 16,
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.
19. That prior to final buiiding and zoning inspections, Condition No. 17, above
mentioned, shall be complied with.
20. That approval of this application constitutes approval of the proposed request oniy 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 approvai of the request regarding any other applicable ordinance, regulatian
or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning
Comm~ssion does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compiiance with each and ali of the conditions hereinabove set fo~th.
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 nuii and void.
THE FOREGOING RESOLlJTION was dopted at the Planning Commission
meeting of November 22, 1999.
~ w
CHAIRP R ON PRO TE ORE,
ANAHEIM Y PLANNING COMMISSION
ATI'EST:
~~
SEC TAR , NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commissiora, do
hereby certify that the foregoing resotution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on November 22, 1999, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, KOOS, NAPOLES,
VANDERBILT
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS: BOYDSTUN, BRISTAL '
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
_~~~L~7 ~ 199r'2?Do
I Q/1 J~o J~'
SE~R T , ANAHEIM CITI' PLANNING COMMISSION
CR3811 PK.DOC -4. PC99-209