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Resolution-PC 2013-091RESOLUTION NO. PC2013 -091 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2013-04933 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00052) (7630 EAST CORTO ROAD) 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- 04933 to construct two retaining walls measuring two feet, four inches to eight feet, four inches in height, exceeding the permitted height for fences within the required front yard and side yard setback area (the "Project ") as required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 7630 East Corto Road 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 0.45- acres, is developed with a 3,411 square foot single - family home and detached garage and recreation room over the garage. The Property is located in the RH -2 (Single - Family Hillside Residential) zone. The Anaheim General Plan designates the Property for Estate Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 16, 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 the Negative Declaration, which was prepared to evaluate the physical environmental impacts of the proposed Project in conformance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under CEQA), this Planning Commission has reviewed and considered the information contained in the Negative Declaration, together with any comments received during the public review process, and finds and determines on the basis of the whole record before it (including the initial study) that (i) there is no substantial evidence that the proposed Project will have a significant effect on the environment ; and (ii) the Negative Declaration reflects the independent judgment of this Planning Commission; and WHEREAS, the Planning Commission does further find and determine that the variance request to construct two retaining walls measuring two feet, four inches to eight feet, four inches in height, exceeding the permitted height within the required front yard and side yard setback requirements of the Code should be approved for the following reasons: SECTION NO. 18.46.110.030 Permitted Fences and Walls (3 feet and 6 feet maximum permitted; two feet, four inches to eight feet, four inches proposed) - 1 - PC2013 -091 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property. Other developed properties along Corto Road are generally much wider and have shallow, sloped front setbacks. If the property had a consistent width and gentler slope, then it would be possible to design the walls in a manner that would meet Code requirements and to allow the construction of the driveway. 2. That, because of these 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 since the Property is irregular in shape and has a narrow width and steep sloping topography as compared to other properties located on Corto Road. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve and adopt the Negative Declaration and Variance No. 2013 -04933 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. BE IT FURTHER RESOLVED, that this permit 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 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 CITY PLANNING COMMISSION ATTEST: SENIOR S'5CRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2013 -091 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 December 16, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013. y SENIOR S.E"CRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -091 EXHIBIT "A" DEV NO. 2013-00052 -4- PC2013 -091 00 o Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" VARIANCE NO. 2013-04933 (DEV2013- 00052) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Prior to issuance of Building Permits, the applicant shall obtain an Public Encroachment License for any improvements encroaching onto any Utilities -Water Public Utilities Easements including Corto Road. The License and Engineering exhibits shall be approved by Water Engineering and executed by the and Public owner prior to grading plan and building plan approval and issuance Works of any permits. Development Services 2 Prior to issuance of the building permit for wall construction and Public Works grading, the applicant shall record in the Orange County Recorder's Development Office a covenant to maintain the wall landscaping and irrigation. Services 3 Prior to issuance of Building Permits, the applicant shall apply for a Public Works right -of -way construction permit from the Department of Public Development Works for all wall work in Corto Road (City Utility Easement). Services 4 Prior to building permit issuance for the wall, the applicant shall Public Works record a drainage agreement as required per the approved site Development drainage configuration. Services GENERAL 5 Prior to commencement of construction, the property owner shall Planning obtain all necessary building permits for the construction of the Department retaining walls. 6 The walls shall be landscaped as required by Code and as approved Planning by Planning Department staff. Landscape and irrigation plans shall Department be provided to the Planning Department for review and approval. 7 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department 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 may result in the revocation of the approval of this application. -5- PC2013 -091 8 The applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 9 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5 (Architectural Plans) and as conditioned herein. -6- PC2013 -091