Resolution-PC 2015-080RESOLUTION NO. PC2015-080
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2015-05030 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00086)
(2365 WEST MORO PLACE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred
to as the "Planning Commission") did receive a verified petition for Variance No. 2015-05030 to
allow a lot width less than required by the Zoning Code to reconfigure property lines to permit
two future single family homes (herein referred to collectively as the "Proposed Project") for
certain real property located at 2365 West Moro Place 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 four parcels and a combined site area of 0.51
acres, is currently developed with a single-family residence. The Anaheim General Plan
designates the Property for Low Density Residential land uses. The Property is located in the
"RS -2" Single -Family Residential Zone, meaning that the regulations contained in Chapter 18.04
(Single -Family Residential Zones) of the Anaheim Municipal Code (herein referred to as the
"Code") shall apply and;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum on that
date, continued to October 19, 2015, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the
Code, to hear and consider evidence for and against proposed Variance No. 2015-05030 and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 3 — New
Construction or Conversion of Small Structures) which consist of the construction and location
of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines
provides examples of projects that qualify for an exemption from the provisions of CEQA. The
example from Section 15303 applicable to the Proposed Project is for the construction of up to
three single-family residences. Since the Proposed Project consists of the proposed construction
of two single-family residence, the Proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
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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 pertaining to the request for Variance No. 2015-05030 to allow a lot width less than
required by the Code to permit the future construction of two single family homes, should be
approved for the following reasons:
SECTION NO. 18.04.100.010.0101 Minimum lot width (70 feet required; 40
feet proposed)
1. The requested variance is hereby approved because there are special
circumstances applicable to the Property because the existing project site, which consists of four
parcels, has a lot width of 80 feet that precludes the development of two single family homes in
conformance with the Zoning Code. In addition, the proposed lot sizes exceed Code
requirements where 7,200 square feet is required in the RS -2 zone and 9,898 to 12,591 square
feet is proposed. These lots would be compatible with the surrounding single family residential
properties which has lot sizes of 11,700 square feet to the south and 9,000 square feet to the east.
2. Strict application of the Code would deprive the Property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity because other single
family residential properties in the area have lot widths less than the required 70 feet.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2015-05030, contingent upon and 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 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 19, 2015. Said Resolution is subject to the appeal provisions set forth in Section
18.60.130 (Appeals — Planning Commission Decisions) of Chapter 18.60 (Procedures) of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on October 19, 2015, by the following vote of
the members thereof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00086
APN: 071-141-46
071-141-36
071-141-38
071-141-20
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2015-05030
(DEV2015-000RM
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE DFA BUILDING PERMIT
1
A Lot Line Adjustment and Certificate of Compliance shall be submitted
Public Works
to the Public Works Department and approved by the City Engineer and
Department,
then recorded in the Office of the Orange County Recorder to combine
Development Services
the four existing parcels into two parcels.
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2
The developer shall submit street improvement plans for work within
Public Works
public right-of-way to the Public Works Department, Development
Department,
Services Division and a bond shall be posted to guarantee the construction
Development Services
of all public works improvements. The improvements shall be
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constructed prior to final building and zoning inspections.
GENERAL CONDITIONS
3
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnities") from any and all claims,
Planning Services
actions or proceedings brought against Indemnities to attack, review,
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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.
4
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
5
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
Division
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