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Resolution-PC 2013-023RESOLUTION NO. PC2013 -023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2013 -04921 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00006) (160 SOUTH MOHLER DRIVE) 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. 2013 -04921 to construct a two -story barn measuring twenty -two feet, three inches in height, with a four foot cupola for a total height of twenty -six feet, three inches within the required side and rear yard setback areas 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 160 South Mohler Drive 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 .51- acres, is developed with a single -story single - family dwelling, a detached garage, an RV cover and a single -story barn. The Property is located in the RH -2 (Single- Family Hillside Residential) zone. The Anaheim General Plan designates the 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 March 11, 2013, 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 two -story barn 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 two -story barn within the required side and rear yard setback areas should be approved for the following reasons: SECTION NO. 18.04.100.010 Minimum Front and Side Yard Setbacks. (10 foot side and 25 foot rear yard setbacks required; 6 foot, 6 inch side yard and 10 foot rear yard proposed) - 1 - PC2013 -023 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 unique narrow width and sloping topography of the lot as compared to other rectangular shaped properties in the same zone and within the immediate area, depriving the property from making best use of the property. 2. That there are special circumstances applicable to the property consisting of its topography, shape and location, which do not apply to the majority of identical zoned properties in the vicinity due to the narrow condition and the sloping topography with limited buildable area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2012 -04921 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- PC2013 -023 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 11, 2013. 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. V q CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 11` day of March, 2013. ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -023 EXHIBIT "A" DEV NO. 2013-00006 -4- PC2013 -023 o sc :ao Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +I- two to five feet. EXHIBIT `B" VARIANCE NO. 2013-04921 (DEV2013- 00006) -5- PC2013 -023 --- j REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The legal property owner shall submit an application for a Public Works Subdivision Map Act Certificate of Compliance to the Department, Public Works Department, Development Services Development Division. A Certificate of Compliance or Conditional Services Certificate of Compliance shall be approved by the City Division Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 2 That all requests for new water services or fire lines, as Public well as any modifications, relocations, or abandonments of Utilities existing water services and fire lines, shall be coordinated Department, through the Water Engineering Division of the Anaheim Water Public Utilities Department. Engineering Division 3 If the new barn requires fire sprinklers, the applicant shall Public install a UL listed water meter, Hershey Residential Fire Utilities Meter with Translator Register, no equals, per City Department, Standards. Water Engineering Division GENERAL CONDITIONS 4 Prior to commencement of construction, the property Planning owner shall obtain all necessary building permits for the Department construction of the barn. 5 The property shall be developed substantially in Planning accordance with plans and specifications submitted to the Department City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4 (Architectural Plans) and as conditioned herein. -5- PC2013 -023