Resolution-PC 2013-023RESOLUTION NO. PC2013 -023
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2013 -04921 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2013- 00006)
(160 SOUTH MOHLER DRIVE)
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. 2013 -04921 to construct a two -story barn measuring twenty -two feet, three inches in height,
with a four foot cupola for a total height of twenty -six feet, three inches within the required side
and rear yard setback areas 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 160 South Mohler Drive 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 .51- acres, is developed
with a single -story single - family dwelling, a detached garage, an RV cover and a single -story
barn. The Property is located in the RH -2 (Single- Family Hillside Residential) zone. The
Anaheim General Plan designates the Property for Estate 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 11, 2013, 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 two -story barn 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 two -story barn within the required side and rear yard setback
areas should be approved for the following reasons:
SECTION NO. 18.04.100.010 Minimum Front and Side Yard Setbacks.
(10 foot side and 25 foot rear yard setbacks
required; 6 foot, 6 inch side yard and 10 foot
rear yard 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 unique narrow width and sloping
topography of the lot as compared to other rectangular shaped properties in the same zone and
within the immediate area, depriving the property from making best use of the property.
2. That there are special circumstances applicable to the property consisting of
its topography, shape and location, which do not apply to the majority of identical zoned
properties in the vicinity due to the narrow condition and the sloping topography with limited
buildable area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2012 -04921 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 March 11, 2013. 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.
V q
CHAIR, ANAHEIM CITY PL ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11` day of March, 2013.
ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00006
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o sc :ao
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +I- two to five feet.
EXHIBIT `B"
VARIANCE NO. 2013-04921
(DEV2013- 00006)
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SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The legal property owner shall submit an application for a
Public Works
Subdivision Map Act Certificate of Compliance to the
Department,
Public Works Department, Development Services
Development
Division. A Certificate of Compliance or Conditional
Services
Certificate of Compliance shall be approved by the City
Division
Engineer and recorded in the Office of the Orange County
Recorder prior to issuance of a building permit.
2
That all requests for new water services or fire lines, as
Public
well as any modifications, relocations, or abandonments of
Utilities
existing water services and fire lines, shall be coordinated
Department,
through the Water Engineering Division of the Anaheim
Water
Public Utilities Department.
Engineering
Division
3
If the new barn requires fire sprinklers, the applicant shall
Public
install a UL listed water meter, Hershey Residential Fire
Utilities
Meter with Translator Register, no equals, per City
Department,
Standards.
Water
Engineering
Division
GENERAL CONDITIONS
4
Prior to commencement of construction, the property
Planning
owner shall obtain all necessary building permits for the
Department
construction of the barn.
5
The property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the
Department
City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1
through 4 (Architectural Plans) and as conditioned herein.
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