Resolution-PC 2011-0341
RESOLUTION NO. PC2011 -034
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2011 -04852
(DEV2011- 00046)
(381 SOUTH YORKSHIRE CIRCLE)
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 second story room addition 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 May 9, 2011, 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, 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 second story room addition:
SECTION NO. 18.04.100.010.0101 Minimum side yard setback.(15 feet
required; 5 feet proposed)
2. The requested variance is hereby approved because there are special
circumstances applicable to the property pertaining to the irregular and narrow shape of the lot
and the fact that a significant portion of this lot is hillside area. Further, the expansion is
consistent with the existing building footprint and maintains the existing 5 -foot side yard
setback. 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, adjacent
properties also have 5 -foot side yard setbacks.
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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, Variance No. 2011 -04852 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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THE FOREGOING RESOLUTION was adopted Planning Commission
meeting of May 9, 2011.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM C , 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 May 9, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD,
RAMIREZ, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of May, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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IAPN: 356 - 111 -171
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EXHIBIT "A"
DEV2011- 000 -46
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11103
PC2011 -034
EX E01
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VA IIANCE NO. 2011-04852
(DEV2O11- 00046)
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EVI EW S1ONED
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NO. CONDITIONS OF APPROVAL
GENERAL
1 The property shall be developed substantially in Planning
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), Exhibit No. 2
(Elevation Plans) and Exhibit No.3 (Floor Plan) and
as conditioned herein.
5 - PC2011 -034