Loading...
Resolution-PC 2013-061RESOLUTION NO. PC2013 -061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2013-04936 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00065) (860 SOUTH PERALTA HILLS DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition for Variance No. 2013 - 049367 (herein sometimes referred to as the "Proposed Project ") to construct a single - family residence with a height greater than permitted by the Zoning Code at 860 South Peralta Hills Drive in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 4.58 acres, is developed with a single - family residence. The Property is located in the Single - Family Hillside Residential Zone, meaning that the development standards of the "RH -1" Zone in Chapter 18.04 (Single Family Residential Zones) of the Anaheim Municipal Code in combination with the Scenic Corridor (SC) Overlay Zone apply for development in this area. 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 September 9, 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 Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against said proposed conditional use permit 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 within that class of projects which consist of the new construction or conversion of small structures, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 Variance No. 2013 -04936 to construct a single - family residence with a height greater than permitted by the Code should be approved for the following reasons: SECTION NO. 18.18.060.010 Maximum Structural Height. (25 feet permitted; 38 feet 7 inches proposed) - 1 - PC2013 -061 I . There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because the property is located atop a hill and much of the property is steeply sloped which limits the amount of buildable area on the property. As a result, construction on top of the hill will not impact the view from the surrounding properties as they are significantly lower in elevation; and 2. Because of 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 because other residences in the vicinity have been constructed with heights greater than permitted by the Scenic Corridor Overlay zone. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2013 -04936 subject to the conditions of approval described 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 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 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 Anaheim Municipal 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 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. -2- PC2013 -061 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CIT LANNING 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 September 9, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of September, 2013. N z � SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -061 EXHIBIT "A" DEV NO. 2013 -00065 -4- PC2013 -061 v sa I Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +!- two to five feet. EXHIBIT "B" VARIANCE NO. 2013 -04936 (DEV2013- 00065) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The Property shall be developed substantially in Planning accordance with plans and specifications submitted by the applicant to, and approved by, the City of Anaheim and which plans are on file with the Planning Department marked Exhibit Nos. 1 - 7. - 5 - PC2013 -061