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Resolution-ZA 2006-17• RESOLUTION NO. ZA2006-17 f. J A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2006-04690 BE APPROVED (343 ROYAL RIDGE DRIVE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as LOT 36 OF TRACT 9524 WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on August 17, 2006, at 9:30 a.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 Zoning Administrator, 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, does find and determine the following facts: 1. That the applicant proposes waiver of the following to construct a 2-story addition to an existing single family residence: SECTION NO. 18.04.100.010.0101 Minimum side vard setback 15 feet required; 8 to 10 feet proposed) 2. That the above-mentioned waiver is hereby approved on the basis that the property is unique because it is irregularly-shaped and the dwelling unit is positioned on the parcel at an oblique angle uncommon to the neighborhood. This special circumstance creates a hardship to construct an addition in line with existing building walls and still comply with the Code required setbacks. 3. That approval of this variance request would allow the property an expansion that is in line with the existing building which is typically enjoyed by other similarly-zoned single family homes in the vicinity that are not irregularly-shaped and that is built at an oblique angle on the property. 4. That nobody indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative 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 the Anaheim Zoning Administrator 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 prior to final building and zoning inspections, the subject property shall 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 Nos. 1 and 2 as conditioned herein. VAR No. 2006-04690 -1- ZA2006-17 • • 2. That building permits shall be obtained for this request within a period of one (1) year from the date of this resolution. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. 3. 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. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator 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 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 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 Zoning Administrator meeting of August 17, 2006. Said resolution is subject to the appeal provisions set forth in 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. g --~,~- p (N-~ DATE ANAHEIM ZONING ADMINISTRATOR ATT T: SENIO RETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- ZA2006-17 • 1, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on August 17, 2006. I WITNESS WHEREOF, I have hereunt set my hand this ~r day of 2006. S . S CR Y, ANAHEIM ZONING ADMINISTRATOR -3- ZA2006-17 City of A~heim • PLANNING DEPARTMENT August 18, 2006 City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Re: SPECIAL CIRCUMSTANCES WAIVER NO. 2006-00034 -Approved On August 17, 2006, William Sell, Acting Zoning Administrator, considered your request for waiver of special event permit requirements to permit temporary real estate and tract signs within the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The property comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately three hundred and eighty nine (389) acres. He made the following findings: That the public interest would be served by granting this request because it would facilitate easier identification to the traveling public of the mixed use development than a more typical freestanding sign. 2. That the granting of the Special Circumstances Waiver (SCW) is appropriate because of the special circumstances related to the type of mixed use development allowed in the PTMU Overlay, leaving little or no area on the ground for placement of temporary advertising signs. On the basis of the above findings, the Zoning Administrator approved Special Circumstances Waiver No. 2006-00034 for the herein-described special event, subject to compliance with the following conditions: That the duration of the Special Event Permit shall be subject to the time limitations contained in Section 18.44.190.060 of Section 18.44.190, Temporary Tract Signs. www.anaheim.net 2. That the banners shall be kept clean, neatly maintained, with no missing sign copy, or ripped or faded material. Any un-maintained or damaged portion of the banners shall be repaired or replaced immediately. Noncompliance shall constitute a public nuisance and shall be subject to termination of this permit. 3. That not less than five (5) days prior to the commencement of the activity authorized by Special Circumstances Waiver No. 2006-00034, the applicant shall obtain a Special Event Permit from the Development Services Division of the Planning Department. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL {714) 765-5139 CI 4. That the sign shall be no greater than 225 square feet or 1 % of building frontage, whichever is less. 5. That the sign shall be located no higher than the top of the third floor of the building and safely affixed to the building in a manner which ensures the safety of the public. 6. That a maximum of one (1) sign shall be permitted per street frontage. 7. That this SCW shall only apply to mixed use projects located within the PTMU Overlay Zone. 8. 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. Si rely, Pat Chand er, Senior Secretary Anaheim Zoning Administration (714)765-5139 Extension 5355