Resolution-PC 2010-015RESOLUTION NO. PC2010 -015
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2010-04809
(DEV201 0- 00013)
(451 SOUTH MOHLER DRIVE)
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, State of
California shown on Exhibit "A attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from side yard setback to expand a
two story, single family residence to include a four -car with living space above the garage in the
Single Family Hillside Residential (RH -2) Scenic Corridor (SC) Overlay zone and the Anaheim
General Plan designates this property for Estate Density residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 15, 2010, at 3:30 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 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, does find and determine the following facts:
1. That the applicant requests to deviate from the following to expand a two- story,
single family residence to include a four -car with living space above the garage:
SECTION NO. 18.04.100.010.0101
Minimum side yard setback (15 feet
required; 8 feet 7 inches proposed
along the southwest property line)
2. The requested variance is hereby approved because there are special
circumstances applicable to the property pertaining to its irregular shape and narrowing nature of
the lot. In addition, nearby and adjacent properties have obtained variances for similar
circumstances and are under the identical zoning classification.
3. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity. Specifically, 406 and
411 South Mohler Drive maintain similar side yard setback deviations.
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WHEREAS, 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby approve, in part, Variance No. 2010 -04809 subject to the conditions of approval
described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby
found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without
limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 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 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.
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meeting of March 15, 2010.
A1'lEST:
THE FOREGOING RESOLUTION s adopted at the Planning Commission
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN HEIM CI'Y LANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on March 15, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of March, 2010.
SENIOR SEC TARY, ANAHEIM CITY PL�1 NNING COMMISSION
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7
APN: 356 141 -25
sn ino
FeM
EXHIBIT A"
DE -00013
-4
Source. Recorded Tract Maps and/or City GIS
Please note the accuracy is two to five feet
10920
PC2010 -01 5
NO.
GENERAL
EXHIBIT `B"
VARIANCE NO. 2010-04809
CONDITIONS OF APPROVAL
The 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 No. 1
(Site Plan) and as conditioned herein.
RESPONSIBLE
FOR
MONITORING
Planning
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