Resolution-PC 2011-042RESOLUTION NO. PC2011 -042
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CA'1EGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2011 -04856
(DEV2011- 00051)
(2446 WEST ORANGE AVENUE)
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 shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from the side yard setback to construct
a canopy in the Transition (T) zone and 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 June 6, 2011, at 5:00 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
WHEREAS, said Planning 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 applicant requests to deviate from the following to construct a canopy:
SECTION NO. 18.14,100.010
Minimum side yard setback (10 feet
required; 5 -foot, 3- inches to 5 foot, 6-
inches proposed)
2. The requested variance is hereby approved because there are special circumstances
applicable to the property pertaining to its narrow lot width, legal nonconforming setbacks, and
positioning of the church and residence on the property. This property is 133 feet wide which is
narrow for a "T" (Transition) zoned property. There are other Transition zone properties in the area
with greater lot widths.
3. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental documentation.
1 PC2011 -042
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby approve Variance No. 2011 -04856 subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without limitations on
the duration of the use. Amendments, modifications and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
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 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of
the approval of this application.
THE FOREGOING RESO
of June 6, 2011.
A'l'1'EST:
_I
SENIOR . CRETA Y, ANAHEIM CITY PLANNING COMMISSION
ION w
opted at the Planning Commission meeting
CHAIRMA . A ` AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 June 6, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June, 201i .
)
.t
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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0
IAPN: 127- 191 -21 I
EXHIBIT "A"
DEV2011 -00051
W GRIVEY AVE
W ORANGE AVE
133.12'
's.
Co
N
N
133.12'
W CLEARBROOK LN
1
N
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
11109
4 - PC2011 -042
EXHIBIT "B"
VARIANCE NO. 2011-04856
(DEV2011- 00051)
REVIEW SIGNED OFF
NO. CONDITIONS OF APPROVAL BY BY
GENERAL
1 The property shall be developed substantially Planning
in accordance with plans and specifications
submitted to the City of Anaheim by the
applicant and which plans are on file with the
Planning Department marked Exhibit No. 1
through 2 (Site Plan, Elevation and Floor
Plans) and as conditioned herein.
5 PC2011 -042