Resolution-PC 2007-48_
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; RESOLUTION N0. PC2007-48
ARESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2007-04721 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Qrange, State of California described as:
PARCEL A: _
PARCEL NO. 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 9, PAGE 32 OF PARCEL MAPS, IN
THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold,a public hearing at the Civic Center in the
City of Anaheim on May 14, 2007, at 2:00 p.m.; notice of said public hearing having been duly given as
required by iaw and in accordance'with the provisions of the Anaheim Municipal Code, Chapter 18.60
°Procedures", to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study madeby itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the applicant proposes waivers ofthe following provisions to retain a 6-foot highfence
and permit additional parking in the front yard setback:
(a} SECTION NO. 18.46. 110.030 Maximum fence heiqht
(3 feet permitted within the required
front yard setback; 6 feetproposed)
(b) SECTION NO. 18.42.030.040.0402 Location of permitted parkinq
(parking not permitted in front setback
when not tandem to garage; parking in
front setback proposed)
2. That the above-mentioned waiver (a) is hereby approved on basis that there are special
circumstances applicable to the property because it includes a slope that rises from Cerro Vista Drive up to
the existing driveway of the residence. The location of the house is much higher than the proposed location
for the fence; therefore a lower fence would seem out of scale to the house. Numerous residences in the
area also enjoy a six foot high fence in the front setback; therefore strict application of the Zoning Code
deprives the property of privileges enjoyed by other properties in the identical zone and classification in the
vicinity.
3. That the above-mentioned waiver (b) is hereby approved on the basis that the property is -
constrained by a storm drain easement that limits the ability for guests to park on the street. The intent of the
code will be met as conditioned because the landscaping proposed will be significant and will screen a large
portion of the paved surface. In addition, the fence will also provide some screening of the driveway.
4. That the requested variance for the fence height and parking location are necessary for the
preservation and enjoyment of a substantial property right possessed by other property in the same vicinity
and zone, and denied to the property in question.
CR\PC2007-48 =1- _ 'PC2007-48
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5. That the requested fence height and parking location waivers will not be materially
detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in
which the property is Jocated.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to'subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDfNG: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1
(Existing Facilities), as defined in the State CEQA Guidelines'and is, therefore, exempt from the requirement
to prepare additional environmental documentation.
NOW; THEREFORE; BE IT RESOLVED that#he Anaheim Planning Commission does
hereby grant subject Petition for Variance, Upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use ofthe subject property in order topreserve the safety and
general welfare of the Citizens of the City of Anaheim:
Prior to final buildinq and zoninq inspections or within a period of one (1) vear from the date of this
resolution the followina conditions shall be complied with:
1. That the parking area in the front setback shall be screened from viewfrom the adjacent street
with landscaping to the greatest extent possible and the drivewayshall include opportunities #or
' percolation to the extent feasible. A plan indicating the proposed landscaping shall be submitted
forreview and approval by the Planning Services Division and installed prior to final inspections.
2. That all structures shall be located outside of the right-of-way.
3. The developer shall obtain a Right of Way Construction Permit from the Public Works Department, '
Engineering Division, Development Services to construct driveway approach per city standard 114-A.
The improvements shall be constructed prior to final zoning and building inspection.
4. That within a period of sixty (60) days, a building permit shall be obtained for the fence and
pilasters.
5. That subject property shafl be developed substantially in accordance 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 No. 1, and as conditioned herein.
General Conditions:
6. That 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 Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
7. 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, Sfate 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.
8. Extensions for further time to complete conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
-2- PC2007-48 :
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BE 1T FURTHERRESOLVED that the Anaheim Planning Gommission 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 anypart 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 JT FURTHER RESOLVED that the applicant is responsible for paying al( charges related
to the processing of this discretionary case application within 15 days of 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 the revocation of the approval of this application.
THE FQREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Gode pertaining to appeal procedures and may be replaced b a Cit Council ,
Resolution in the event of an appeaL
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.- CHAI AN, ANAHEIM PLANNING COMMISSION
, ATTEST: ,
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 14, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
-(' IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
cJ v b, ~ , 2007. ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION