Resolution-PC 2009-032RESOLUTION NO. PC2009-032
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTTON IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING VARIANCE NO. 2008-04768 -
(9221-9241 PICADILLY WAY)
WHEREAS, the Ana}~eim City Planning Commission did receive a veriP4ed
PeCitJon for a Variance for a deviation in fro~t yard setback aod sound atteouation requiremants
Yo construct two new single famaly homes adjacenC Yo the 91 Freeway, for certain real property
sitvated in the City of Anaheim, County of Orange, StaCe of California, as more particularly
described in Bxhibit "A" attached hereto and incorporated herein by this reference.
WFIEREAS, project site consists of two separate vacanC properties in Yhe Single
Farr3ily Residential (RS-3) zone and the Anaheim General Plan designates these propezCies for
Low Density Residential land uses; and
WHEI2EAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 2, 2009, at 2:30 p.m. notice of said pnblic heari~g
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 evideace for and against said
proposed variance and to investigate and make findings and recommendations in connecCion
therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itsel~ and in iCS behaif, and after due consideration of all evidence a~d reports offered at said
hearing, does find and determine the following facts:
1. That the applicant requests a variance from the Poliowing development standazds
to construct two oew single family residences:
(a) SECTION NO. 18.04100.010
Minimum Front Yard SeCback (13.5
feet proposed; 15 feet required).
(b) SECTION NO. 18.40.090.060
Saund Attenuatioo ( a masimum
exterior naise of 65 decibels wiYhin
the private rear yard of any single
family lot that is located within 600
feet of any freeway is permitted; a
maximum noise ]evel of 67.9
decibels is proposed).
2. That there are special circumstances applicable to tt~e properCy, including size,
shape, Copography, loeation or surroundings, due to Che oarrow depCh of the property as a
consequence of a freeway widening project.
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3. That strict application of the Zoning Code would deprive the property of
privileges enjoyed by otl~er properties witl~ identical zoning in the vicinity because a similar fronC
yard setback variance was granted for the adjacent property to the west.
4. That Variance findings are not required for sound attenuation deviation requests,
provided that the deviation does not pertain to interipr noise levels, the deviation does not exceed
5 decibels above the prescribed levels for exterior noise, and measures to attenuate noise to the
prescribed levels would conflict wiCh the aesthetic val~e of Che project. A sound study was
submitCed by Tt~e applicanY and the study states tl~aY the existing 13-foot high block wall adjacent
to the freeway cannoC mitigate sound levels to comply wiYh the 65 deeibel noise requirement. In
order to meet this requirement, an 18-foot high sound wall would need to be constructed betwee~
the subject properties and the freeway. The construction of an 18-foot high block wall would not
be a reasonable method of mitigation because it would compromise the aesthetics and
affordability of the pre-manufactured homes that will be sold to low income households;
cherefore, the Planning Commission hereby approves a sound deviation of 2.9 decibels above the
maximum 65 decibels pernvYted by Code, as requested by the applicant.
5. ThaC no one indicaCed their presence at said public hearing in oppasiCion; and that
no correspondence was rece9ved in opposition to the subjecC petition.
NOVV THERBFORE BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Class 3 Categorical
Exemption in connection wich Variance No. 2008-04768 is adequate to serve as the required
environmental documentation in eomnection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Variance No. 2008-04768 subject to the
conditions of approval described in ExhibiC "B" atYached hereto aod iocorporated by this
reference which are hereby fou~d to be a necessary prerequisite to the proposed use of the
subjece property in order to preserve the health, safety and geueral welfare of the Citizens of the
City of Anaheim.
BE 1T FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and deternune that adoption of this Resolution is expressly predicated upon
applicant's compl3anee with eacl~ 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 T3' FURTHER RESOLVED that the applicant is responsible for payi2g all
cbarges related to the grocessing of this discrerionary case application within 15 days of tfie
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 2, 2009. Said resolution is subject to the appeal provisions set foRh in Chapter
18.60 "Proeedures" of the Anaheim Munieipal Code perCaining to appeal procedures and may be
replaced by a City Council Resolation in the event of an appeal.
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THE FOREGOING RESOLUTION was adopted at tt~e Planning Commission
meeting of March 2, 2009. 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. .
CHAII2MAN, A`~IAI~EIIYI CITY
ATTEST:
SENIOR(SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3TATE OF CALIFORNIA )
COUNTY OF 0~2ANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resoluCion was passed and adopted aC a meeting of the Anaheim
City Planning Commission held on March 2, 2009 by the following vote of the members thereof:
AYES: C0IVIMISSIONER3: AGARWAL, $UFFA, EASTMAN, KARAKI, ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WI-IEREOF, I have hereunto set my hand this 16`~ day of March, 2009.
ARY, ANAHEIM CITY PLANNING COMMI3SION
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EXHIB[T "A"
VARI~NCE NO. 200$-047G8
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EXHIBIT "B"
VARIANCE NO. 2008-04768
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL
1 The subject properCy shall be developed sabstantially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by the applicant and which plans aze on file with
the Planning Department mazked Exhibit Nos. 1(Site Plan), 2
(Floor Plan), and 3 and 4(Elevations), and as conditioned
herein.
2 Approval of Yhis applicaYion constitntes approval of the Planning
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 oCher applicable ordinance,
re~ulation or requirement.
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