Resolution-PC 2012-067RESOLUTION NO. PC2012 -067
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2012 -04910 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2012- 00097)
(7445 EAST HUMMINGBIRD CIRCLE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition to approve Variance No. 2012 -04910
to construct a 6 foot high fence and gates exceeding the permitted height within the required
front yard setback in the RH -2 (Single - Family Hillside Residential) zone, as required by the
Anaheim Municipal Code (herein referred to as the "Code "), for that certain real property located
at 7445 East Hummingbird Circle in the City of Anaheim, County of Orange, State of California,
as more particularly shown in Exhibit A. attached hereto and incorporated herein by this
reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.05- acres, is developed with a
two -story single - family dwelling and attached garage. The Property is located in the RH -2
(Single - Family Hillside Residential) zone. The Anaheim General Plan designates the Property
for Residential -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 24, 2012, 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 Chapter 18.60 of the
Code, to hear and consider evidence for and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is categorically exempt from the requirement for
the preparation of environmental documents under CEQA pursuant to Section 15303 of Title 14
of the California Code of Regulations (Class 3 — New Construction or Conversion of Small
Structures), in that it involves the construction of a fence on a parcel of land used for residential
purposes; and
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to construct a 6 -foot high fence and gates exceeding the permitted height within
the required front yard setback should be approved for the following reasons:
SECTION NO. 18.46.110.030 Permitted Fences and Walls.
(3 foot maximum height permitted; 6 feet
proposed)
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1. That the strict application of the Code would deprive the subject property of
privileges enjoyed by other properties in the vicinity due to the irregularity of the parcel and the
unique location of the rear yard area at the side and front of the property instead of the rear of the
property typical for standard rectangular parcels in the same zone, depriving the property from
providing privacy for the pool area and other amenities on the property.
2. That there are special circumstances applicable to the property consisting of its
topography and location, which do not apply to identical zoned properties in the vicinity due to
the shallow condition and the fact that approximately 70 percent of the parcel is located on a
hillside with limited buildable area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2012 -04910 subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the 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
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 Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code.
BE IT FURTHER RESOLVED that the 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 Zoning Code of the City of
Anaheim 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter
18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
ATTEST:
ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 September 24, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: LIEBERMAN
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 24"' day of September, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING
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EXHIBIT "A"
DEV NO. 2012 -00097
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Source: Recorded Tract Maps and /or City GIS.
r��o Please note the accuracy is +/_ two to five feet.
EXHIBIT `B"
VARIANCE NO. 2012-04910
(DEV2012- 00097)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL CONDITIONS
1
Prior to commencement of construction, the property owner
Planning
shall obtain all necessary building permits for the
construction of the fence and gates.
2
The portion of the wall including the gates and pilasters in
Planning
front of the dwelling between the proposed pilasters shall be
no more than five feet height and of a non -view obscuring
material per the original building permit or as approved by
the Planning Director. The block wall base shall be no
higher than two feet and the steel picket extensions shall be
no higher than three feet.
3
The property shall be developed substantially in accordance
Planning
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 Nos. 1 through 3
(Architectural Plans) and as conditioned herein.
4
Additional trees shall be planted in front of the portion of the
Planning
wall facing the property to the southwest to provide
additional screening. A revised landscape plan shall be
reviewed and approved by Planning Department staff prior to
the issuance of building permits for the wall.
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