Resolution-PC 2012-079RESOLUTION NO. PC2012 -079
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING VARIANCE NO. 2012 -04899
(DEV201 0- 001 1 3A)
(2560 EAST LA PALMA AVENUE)
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 -04899
to construct a 6 -foot high wrought iron fence and gates exceeding the permitted height within the
required front yard setback of the C -G (General Commercial) zone, as required by the Anaheim
Municipal Code (herein referred to as the "Code "), for that certain real property located at 2560
East La Palma 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 -acre, is developed with a 10,304
square foot church. The Property is located in the C -G (General Commercial) zone. The
Anaheim General Plan designates the 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 November 5, 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, the Planning Commission does further find and determine that the request
for a variance to construct a 6 -foot high wrought iron fence and gates exceeding the permitted
height within the required front setback should be denied for the following reasons:
SECTION NO. 18.46.110.030
Permitted Fences and Walls.
(3 -foot maximum height permitted;
6 feet proposed)
1. That the strict application of the Code does not deprive the subject property of
privileges enjoyed by other properties in the vicinity because the property is not irregular or
unique in shape and other properties in the vicinity do not maintain legally- permitted fences of a
similar height in the required front setback area.
2. That there are no special circumstances applicable to the property pertaining to
topography and location, which do not apply to identical zoned properties in the vicinity.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Variance No. 2012- 04899.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 5, 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:
VCktV m vAiS
CHAIR, ANAHEIM CITY PLANING COMMISSION
SENIOR SE TARY, ANAHEIM CITYPLANNING COMMISSION
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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 November 5, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of November, 2012.
�vL
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2012 -079
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APN: 083- 020 -62
E SANDALWOOD CT
E BELMONT CT
i
EXHIBIT "A"
DEV NO. 2010- 00113A
E LA PALMA AVE
221'
221'
W
f
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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