Resolution-PC 2013-061RESOLUTION NO. PC2013 -061
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING VARIANCE NO. 2013-04936 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00065)
(860 SOUTH PERALTA HILLS DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified petition for Variance No. 2013 - 049367 (herein
sometimes referred to as the "Proposed Project ") to construct a single - family residence with a
height greater than permitted by the Zoning Code at 860 South Peralta Hills Drive in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 4.58 acres, is developed with a
single - family residence. The Property is located in the Single - Family Hillside Residential Zone,
meaning that the development standards of the "RH -1" Zone in Chapter 18.04 (Single Family
Residential Zones) of the Anaheim Municipal Code in combination with the Scenic Corridor
(SC) Overlay Zone apply for development in this area. 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 September 9, 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
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against said proposed conditional use permit 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 within that class of projects which consist of
the new construction or conversion of small structures, and that, therefore, pursuant to Section
15303 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the 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 with respect to Variance No. 2013 -04936 to construct a single - family residence with
a height greater than permitted by the Code should be approved for the following reasons:
SECTION NO. 18.18.060.010 Maximum Structural Height.
(25 feet permitted; 38 feet 7 inches
proposed)
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I . There are special circumstances applicable to the Property, including size, shape,
topography, location or surroundings, which do not apply to other property under the identical
zoning classification in the vicinity because the property is located atop a hill and much of the
property is steeply sloped which limits the amount of buildable area on the property. As a result,
construction on top of the hill will not impact the view from the surrounding properties as they
are significantly lower in elevation; and
2. Because of special circumstances, strict application of the Zoning Code deprives
the Property of privileges enjoyed by other property under the identical zoning classification in
the vicinity because other residences in the vicinity have been constructed with heights greater
than permitted by the Scenic Corridor Overlay zone.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2013 -04936 subject to the conditions of approval described 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
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 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 Anaheim
Municipal 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 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. 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 9, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
CHAIR, ANAHEIM CIT LANNING 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 September 9, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of September, 2013.
N
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00065
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v sa I Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +!- two to five feet.
EXHIBIT "B"
VARIANCE NO. 2013 -04936
(DEV2013- 00065)
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The Property shall be developed substantially in
Planning
accordance with plans and specifications submitted by the
applicant to, and approved by, the City of Anaheim and
which plans are on file with the Planning Department
marked Exhibit Nos. 1 - 7.
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