Loading...
Resolution-PC 2010-083RESOLUTION NO. PC2010 -083 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CA'1EGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04810 (DEV2010- 00048) (942 NORTH CLAUDINA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Variance for certain real property located at 942 N. Claudina Street, in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance from the front yard and rear yard setbacks and to allow fewer parking spaces than required by code zone to construct a single family residence in the R -M 4 (Multiple - Family Residential) Zone, and the Anaheim General Plan designates this property for Low Density residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 2010, at 5:00 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, the 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 construct a two- story, single - family residence: SECTION NO. 18.04.090.010 Maximum Lot Coverage - DELETED SECTION NO. 18.04.100.010.0101 SECTION NO. 18.04.100.010.0101 SECTION NO. 18.42.030.040 1 Minimum front vard setback (15 feet required; 11 feet 6 inches proposed) Minimum rear yard setback (15 feet required; 10 feet proposed) Minimum number of narking spaces (4 spaces required — two garage spaces and two spaces in front of the garage; 2 spaces proposed — one garage space and one space in front of the garage) PC2010 -083 2. The requested variance is hereby approved because there are special circumstances applicable to the property pertaining to the extremely limited size of the lot. 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity and further a single family residence previously existed on this lot. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures) 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 Planning Commission does hereby approve Variance No. 2010 -04810 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 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. 2 PC2010 -083 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 Planning Commission meeting of September 13 2010. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION I, Eleanor Morris, 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 September 13, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 13` day of September, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010 -083 AP N : 035 - 062 -021 5o 100 EXHIBIT "A" DEV2010- 00048 F— CL LLJ z E LA PALMA AVE 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to fwe feet. 10985 PC2010 -083 PRIOR TO CONSTRUCTION GENERAL EXHIBIT "B" VARIANCE NO. 2010-04810 (DEV2010- 00048) SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY PRIOR TO BUILDING PERMIT 1 The developer shall design and construct all off -site water Water system improvements required to serve the project in Engineering accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 2 All requests for new water services or fire lines, as well as Water any modification, relocations, or abandonments of existing Engineering water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 3 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, Elevation and Floor Plan) and as conditioned herein. Planning 5 PC2010 -083