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Resolution-PC 2012-067RESOLUTION NO. PC2012 -067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2012 -04910 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00097) (7445 EAST HUMMINGBIRD CIRCLE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition to approve Variance No. 2012 -04910 to construct a 6 foot high fence and gates exceeding the permitted height within the required front yard setback in the RH -2 (Single - Family Hillside Residential) zone, as required by the Anaheim Municipal Code (herein referred to as the "Code "), for that certain real property located at 7445 East Hummingbird Circle 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 (the "Property "); and WHEREAS, the Property, consisting of approximately 1.05- acres, is developed with a two -story single - family dwelling and attached garage. The Property is located in the RH -2 (Single - Family Hillside Residential) zone. The Anaheim General Plan designates the Property for Residential -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 2012, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is categorically exempt from the requirement for the preparation of environmental documents under CEQA pursuant to Section 15303 of Title 14 of the California Code of Regulations (Class 3 — New Construction or Conversion of Small Structures), in that it involves the construction of a fence on a parcel of land used for residential purposes; and WHEREAS, the Planning Commission does further find and determine that the request for a variance to construct a 6 -foot high fence and gates exceeding the permitted height within the required front yard setback should be approved for the following reasons: SECTION NO. 18.46.110.030 Permitted Fences and Walls. (3 foot maximum height permitted; 6 feet proposed) - 1 - PC2012 -067 1. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity due to the irregularity of the parcel and the unique location of the rear yard area at the side and front of the property instead of the rear of the property typical for standard rectangular parcels in the same zone, depriving the property from providing privacy for the pool area and other amenities on the property. 2. That there are special circumstances applicable to the property consisting of its topography and location, which do not apply to identical zoned properties in the vicinity due to the shallow condition and the fact that approximately 70 percent of the parcel is located on a hillside with limited buildable area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2012 -04910 subject to the conditions of approval set forth 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 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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 Zoning Code of the City of Anaheim 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. Failure to pay all charges shall result in the revocation of the approval of this application. -2- PC2012 -067 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 24, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 September 24, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, PERSAUD, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 24"' day of September, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING -3- PC2012 -067 EXHIBIT "A" DEV NO. 2012 -00097 -4- PC2012 -067 wn Source: Recorded Tract Maps and /or City GIS. r��o Please note the accuracy is +/_ two to five feet. EXHIBIT `B" VARIANCE NO. 2012-04910 (DEV2012- 00097) -5- PC2012 -067 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL CONDITIONS 1 Prior to commencement of construction, the property owner Planning shall obtain all necessary building permits for the construction of the fence and gates. 2 The portion of the wall including the gates and pilasters in Planning front of the dwelling between the proposed pilasters shall be no more than five feet height and of a non -view obscuring material per the original building permit or as approved by the Planning Director. The block wall base shall be no higher than two feet and the steel picket extensions shall be no higher than three feet. 3 The property shall be developed substantially in accordance Planning 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 Nos. 1 through 3 (Architectural Plans) and as conditioned herein. 4 Additional trees shall be planted in front of the portion of the Planning wall facing the property to the southwest to provide additional screening. A revised landscape plan shall be reviewed and approved by Planning Department staff prior to the issuance of building permits for the wall. -5- PC2012 -067