Resolution-PC 2012-068RESOLUTION NO. PC2012 -068
A RESOLUTION OF THE ANAHEIM CITY PLANNING
COMMISSION APPROVING VARIANCE NO. 2012-04892 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00034)
(1116 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning
Commission ") did receive a verified Petition for Variance No. 2012 -04892 to permit a setback
less than required by the Anaheim Municipal Code (the "Code ") for that certain real property
consisting of approximately.29 acres and located at 1116 North Euclid Street in the City of
Anaheim, County of Orange, State of California, as more particularly described in Exhibit A ,
attached hereto and incorporated herein by this reference (the 'Property "), as part of an addition
to an existing commercial building (the 'Project "); and
WHEREAS, the Property is presently developed with a commercial building and is
located in the General Commercial (CG) Zone. The Anaheim General Plan designates this
Property for General Commercial 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 bearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
"Procedures" 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 "), this 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
15301 of Title 14 of the California Code of Regulations (Class 1 — Existing Facilities) in that it
involves the addition of 750 square feet of space to a 1,850 square foot existing building on a
0.29 -acre parcel of commercially -zoned land to be used for commercial purposes; 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 with respect to the request for the variance to permit a setback adjacent to a
residentially -zoned property less than required by the Zoning Code as follows:
SECTION NO. 18.08.050 Minimum required setback
20 -feet required;
0 -feet proposed)
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WHEREAS the Planning Commission does hereby find and determine the following
facts:
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity. The size of the lot precludes the ability of this property to conform
to the setback requirements and as such restricts the expansion of the building unless a variance
is granted.
2. That because of these special circumstances, strict application of the Zoning Code
deprives the Property of privileges enjoyed by other property under the identical zoning
classification in the vicinity. No other properties under identical zoning in the vicinity have this
limitation because those properties are much larger with the ability to provide requried setback
distances; whereas the subject Property is narrow in width and is physically constrained by lot
size.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2012- 04892, subject to the conditions of approval as stated in Exhibit B
attached hereto and incorporated herein by this reference, which conditions 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 this 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
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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 "Procedures" of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of September, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00034
APN: 271 - 031 -10
W CUTTER RD
❑ ❑ N DRESDEN ST
W GLEN AVE
4 152' DRESDEN ST
J � �
U
� 47'
w
z
DRESDEN ST
W LA PALMA AVE
m
FF
z
0
W
s
0
z
Source: Recorded Tract Maps and /or City GIS.
0
Please note the accuracy is +/_ two to five feet.
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EXIIIBIT `B"
CONDITIONS OF APPROVAL
VARIANCE NO. 2012-04892
(DEV2012- 00034)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
By
OFF By
GENERAL
1
The property owner shall execute and record a covenant to relocate at the
Public Works
property owner's sole expense the freestanding sign located within the
Development
ultimate right -of -way easement of Euclid Street. The covenant shall be
Services
approved by the City Engineer and recorded in the Office of the Orange
County Recorder within 90 days of approval of this permit.
2
The legal property owner shall submit an application for a Subdivision Map
Public Works
Act Certificate of Compliance to the Public Works Department,
Development
Development Services Division. A Certificate of Compliance or Conditional
Services
Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a
building permit.
3
There shall be no windows on the north elevation of the proposed addition.
Planning
Division
4
The property shall be developed substantially in accordance with plans and
Planning
specifications submitted to the City of Anaheim by the applicant and which
Division
plans are on file with the Planning Department marked Exhibit No. 1 (Site
Plan), Exhibit No. 2 (Elevation Plan), Exhibit No. 3 (Floor Plan) and as
conditioned herein.
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