Resolution-PC 2007-73• ~
RESOLUTION NO. PC2007-?3
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' THAT PETITION FOR VARIANCE N0. 2007-04727 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 Orange, S4ate of California described as`. '
LOT 53 OF TRACT 3397, IN THE CITY OF YaNAHEIM, COUNTY OF ORANGE,
; STATE-OF CALIFORNIA, AS PER MAP RECORDERIN BOOK 121, PAGE (S)
1,2 AND 3, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY AND COMMONLY KNOWN AS 1416 EAST
SANTA ANA STREET, ANAHEIM, CA 92805.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 2007; at 2:30 p.m., notice of said public hearing having been duly given as :
required by law 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 studymade by itself
and in its behalf, and after due consideration of all evidence and reports offered af said hearing, does find
and determine the following facts: '
1. That the applicant proposes waiver of the following to permit and retain an existing fence and
gates witfiin the required front yard setback of an existing single family residence:
: SECTION NO. 18.46.110.030 Maximum fence heictht (3 foot high permitted with 4-
foot high pilaster permitted in the front yard setback;
6-foot high wrought iron fence with 6-foot high
pilasters existing).
2. That there are special circumstances pertaining to the location of the property which do not
apply to other identically-zoned properties in the vicinity in that this property is larger than most and it is :
located on a short block consisting of 4 properties. The taller fence' is in scale with the larger sized property.
3: That the majority of the block is developed with the same type of fencing and denial of this
request would deprive this property of a privilege enjoyed by others in the area.
4. That no one indicated their presence at said public'hearing in opposition; and #hat no '
correspondence was received in opposition to subject petition. ,
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303,
Class 3(New Construction), 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 the 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 of the subject property in order to preserve the health and safety
of the Citizens of the City of Anaheim:
1. That within sixty (60) days from the date of this resolution, the applicant shall obtain a building permit to
'retain the existing fence.
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2. That prior to final building and zoning inspecfion, the developer shall obtain a right-of-way construction '
permit from the Public Works Department, E~gineering Division, Development Services to construct a
driveway approach per City Standard 114-A.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated uporr applicanYs compliance with each and
alCof the conditions hereinabave 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,
Y pp ' ' null and void.
and an a rovais herein contained, shall be deemed
' BEJT FURTHER RESOLVED that the applicant is responsible for paying alfcharges 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 FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 2007. Said resofution is subject,to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures a' may be replaced by a City Council
Resolution in the event of an appeal.
CHAIR AN, AHEIM PLAN G COMMISSION
ATTEST:
l~'~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C17Y 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 July 9, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this a2 ~T~ day of
,, l , 200~.
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SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION
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