RES-2009-076RESOLUTION NO. 2009 -076
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2008 04759.
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
a variance, designated as Variance No. 2008 04759, from the following provisions of the
Anaheim Municipal Code:
(a) SECTION NO. 18.46.110.030 Maximum fence height in front yard setback
(3 feet permitted; up to 12 feet proposed)
(b) SECTION NO. 18.42.030.040.0402 Permitted front yard parking
(Withdrawn by Petitioner)
WHEREAS, the subject property is located at 181 S. Cobblestone Lane,
Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated
herein by this reference. The subject property, which consists of three separate legal parcels, and
all surrounding parcels are zoned RH -1 (Single Family Hillside Residential). The RH -1 zoning
classification implements the Estate Density Residential land use designation, as set forth in the
Anaheim General Plan. and allows for the development of large -lot, single family custom
homes; and
WHEREAS, the Petitioner is requesting a variance to retain an existing 8 -foot
high fence with 12 -foot high gates within the required setback adjacent to Peralta Hills Drive;
and
WHEREAS, the Anaheim Zoning Administrator did hold a public hearing at the
Civic Center in the City of Anaheim on December 11, 2008, 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
Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against
Variance No. 2008 -04759 and to investigate and make findings in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and
studies made by him and in his behalf and after due consideration of all evidence and reports
offered at said hearing, did adopt Resolution No. ZA2008 -20 denying Variance No. 2008 04759;
and
WHEREAS, within the time prescribed by law, the Petitioner did appeal said
Zoning Administrator decision to the Anaheim City Council, asking the City Council to
reconsider Variance No. 2008 04759, as requested by Petitioner; and
WHEREAS, thereafter, the City Council did set said Petition for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law for February 24,
2009; at the request of the Petitioner, the public hearing was continued from February 24, 2009
to April 28, 2009; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing on April 28, 2009 and did give all persons interested
therein an opportunity to be heard and did receive evidence and reports, including all the
evidence submitted to the Zoning Administrator at the time of his hearing upon said application,
and did consider the same; and
WHEREAS, the City Council, as lead agency for purposes of the California
Environmental Quality Act, does hereby find and determine that the proposed project falls within
the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State
CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional
environmental documentation; and
WHEREAS, the City Council does find, after due inspection, investigation and
study made by itself and in its behalf and after careful consideration of all evidence and reports
offered at said hearing before the City Council, and having considered the recommendations of
the Zoning Administrator, that all of the conditions and criteria set forth in Section 18.74.060 of
the Anaheim Municipal Code required for the approval of said variance are present for the
following reasons:
(1) That there are special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, which do not apply to other property in the
surrounding area and under the identical zoning classification.
(a) The subject property, unlike other properties in the surrounding area, consists of
three separate, one acre lots forming an L- shaped parcel with access to the properties on both
Cobblestone Lane and Peralta Hills Drive.
(b) A single family residence is fully developed on a one acre parcel located on the
northeast portion of the properties with drive access to and from Cobblestone Lane.
(c) Two separate, one acre parcels are located directly behind and to the west of the
single- family residence, with the southerly most property line abutting the north side of Peralta
Hills Drive.
(d) The subject property is unique, in that, the single family residence takes access
from Cobblestone Lane and is located on a one acre parcel that is separate from the two, one acre
lots that constitute the rear yard and is used as the back entrance to the property from Peralta
Hills Drive.
(e) The 8 -foot high fence with 12 -foot high gates adjacent to Peralta Hills Drive
replaces a 6 -foot high chain link fence, and, due to the size and shape of the property, is needed
for security to deter access to the rear of the property from Peralta Hills Drive, a public street.
(f) Other residential properties in the surrounding area and under the identical zoning
classification do not have rear yards or a rear entrance to the property directly accessible from a
public street.
(2) That special circumstances create a situation in which strict application of the zoning
code deprives the subject property of privileges enjoyed by other property in the surrounding
area and under the identical zoning classification.
(a) Section 18.46.110 of the Anaheim Municipal Code restricts the maximum height
of permitted fences within the required front yard setback to 3 -feet, with 4 -foot high supporting
columns, and is meant to limit the height of fences within the front yard setback on smaller
residential lots so that the fence is not disproportionate in size to, and does not obstruct the view
of, the dwelling unit. The intent underlying Section 18.46.110 would not be served by applying it
to parcels that are zoned RH -1, which allows for the development of large -lot, single- family
custom homes.
(b) More than forty single family residences in the surrounding area and under the
identical zoning classification have fences with supporting columns located within the required
front yard setback that are 6 -feet or greater in height.
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Variance No. 2008 -04759 be, and the same is hereby, granted.
BE IT FURTHER RESOLVED that the Anaheim City Council does approve
Variance No. 2008 -04759 subject to the conditions of approval described in Exhibit `B" attached
hereto and incorporated herein 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 safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the time within which rehearings must be
sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and
the time within which judicial review of final decisions must be sought is governed by Section
1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
BE IT FURTHER RESOLVED that the Petitioner 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 may result in delays in the issuance of required
permits, if any, or the revocation of the approval of this application.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 1 9th day of May 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway
NOES: NONE
ABSENT: NONE
ABSTAIN: Council Member Kring
ATTEST
C1T
72859.v2 /MGordon
LERK OF THE CITY OF ANAHEIM
CITY OF A AHEIM
By:
M 0 OF THE T F ANAHEIM
EXHIBIT "A"
[Legal Description]
v 0
Source: Recorded Tract Maps and /or C'ty GIS.
Please note the accuracy is two to five feet.
No. Conditions of Approval
PRIOR TO ISSUANCE OF A BUILDING PERMIT OR ONE (1) YEAR FROM THE DATE
OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
EXHIBIT "B"
Conditions of Approval]
An unsubordinated restricted covenant providing shared
access for the semicircular driveway serving the
contiguous parcels under common ownership, approved
by the Planning Services Manager in a form satisfactory
to the City Attorney. shall be recorded with the Office of
the Orange County Recorder. A copy of the covenant
shall then be submitted to the Planning Services Manager.
In addition, provisions shall be made in the covenant to
guarantee that the driveway provides vehicular
circulation, driveway access, and maintenance for the
contiguous parcels under common ownership, and said
covenant shall be referenced in all deeds transferring all or
an} part of the interest in the applicable properties.
That all necessary permits shall be obtained from the City
of Anaheim for the subject fence, pilasters and gates.
LJnless an appropriate agreement is completed between
the property owners. plans submitted for building permits
shall show that any portion of the fence or pilaster
encroaching onto or over the abutting parcel immediately
west of the subject property must be revised or relocated
so that the structure does not intrude onto or above the
neighboring property.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
4 The applicant shall submit plans and obtain all appropriate
permits and approvals from the Public Works Department
relating to the development of proper storm drain facilities
on Peralta Hills Drive to accept the flow of water from
any property whatsoever, including any City streets, onto
Responsible for
Monitoring
Planning
Planning
Planning
Public Works.
Development
Services
GENERAL
the subject property or from the subject property onto any
neighboring property.
The new traffic rated channel inlet shall continue the
existing drainage pattern westerly and connect to an
existing 15 inch storm drain pipe within the north right -of-
wav of Peralta Hills Drive.
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.
Subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim in
conjunction with this variance application by the applicant
and which plans are on file with the Planning Department
marked Exhibit Nos. 1 and 2. and as conditioned herein.
Public Works,
Development
Services
Planning
Planning