Resolution-PC 2014-089RESOLUTION NO. PC2014 -089
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING VARIANCE NO. 2014 -04983 AND
CONDITIONAL USE PERMIT NO. 2014 -05749 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00078)
(1620 SOUTH VARNA STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Variance No. 2014 -04983 to allow a front
yard setback smaller than required by the Anaheim Municipal Code (the "Code ") and
Conditional Use Permit No. 2014 -05749 to permit an attached, senior second unit in conjunction
with a two -story single- family residence with a smaller front yard setback than required by code
(collectively referred to herein as the "Proposed Project ") for that certain real property located at
1620 South Varna Street 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 0. 17 acres, is vacant. The
Anaheim General Plan designates the Property for Low Density Residential land uses. The
Property is located within the "RS -2" (Single Family- Residential) Zone. As such, the Property
is subject to the zoning and development standards described in Chapter 18.04 (Single - Family
Residential Zones) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 6, 2014 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
(Procedures) of the Code, to hear and consider evidence for and against said proposed Variance
No. 2014 -04983 and Conditional Use Permit No. 2014 - 05749, 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 within that class of projects which
consist of the construction and location of limited numbers of new, small facilities or structures.
Section 15303 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the
California Code of Regulations; herein referred to as the "State CEQA Guidelines ") provides
examples of projects that qualify for an exemption from the provisions of CEQA. The one
example that is applicable to the proposed project is for "One single - family residence or a second
dwelling unit in a residential zone. In urbanized areas up to three- single - family residences may
be constructed or converted under this exemption." The proposed project fits within that
example and, therefore, pursuant to Section 15303 of the State CEQA Guidelines, will not cause
a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
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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 a senior second unit in conjunction with a two -story
single - family residence with a front yard setback smaller than required by the Zoning Code, does
find and determine the following facts:
1. The proposed request to allow a senior second unit integrated with a single - family
residence within the "RS -2" (Single Family- Residential) Zone is properly one for which
a conditional use permit is authorized by subsection .010 of Section 18.04.030 (Uses) of
the Code; and
2. The proposed conditional use permit to allow the senior second unit, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The project has the
appearance of a single - family residence and the total of four bedrooms between both
units would be typical for a single - family residence; and
3. The size and shape of the site for the use is adequate to allow the full development of
the site with a senior second unit in a manner not detrimental to the particular area or to
the health and safety because the proposed senior second unit meets all of the
development standards of the RS -2 zone with the exception of the front yard setback and
is designed to fit seamlessly within the single - family residential neighborhood; and
4. The traffic generated by the proposed senior second unit will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the
area because the original tract designated all lots on this street for residential
development and occupancy of the senior second unit would be limited to a maximum of
two adults which limits the number of vehicle traffic trips that would be generated by the
use; and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
the senior second unit would be compatible with the surrounding residential area because
the unit is seamlessly integrated with the construction of a permitted single - family
residence and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit a senior second unit and permitted single - family residence
should be approved for the following reasons:
SECTION NO. 18.04.100.010 Minimum front yard setback.
(25 feet required; 17'1 " proposed)
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 of the proposed Project. The property is uniquely shaped due to its
location at the end of a cul -de -sac which results in a front yard with varying depths. The
majority of the proposed structure meets the required front yard setback; however a portion of
the building encroaches into the front yard at its narrowest point. Because of the unique shape of
the lots facing the cul -de -sac, the other existing homes fronting onto the cul -de -sac have non-
conforming front yard setbacks similar in depth to the proposed setback for the Project;
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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 as the front setback areas for existing and adjacent residences are
non - conforming and do not meet the current code requirement.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2014 -04983 and Conditional Use Permit No. 2014- 05749,
contingent upon and 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 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 Anaheim Municipal
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 6, 2014. 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.
CHAIRMAN, PLANN OMMISSION
O E CITY OF ANAH
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on October 6, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of
October, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2014 -00078
TO
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Source: Recorded Tract Maps and /or City GIS.
�J Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05749
AND VARIANCE NO. 2014 -04983
(DEV2014- 00078)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
A covenant in a form satisfactory to the Planning Department
Planning Department,
and City Attorney's Office, restricting the occupancy of the
Planning Services Division
Senior Second Unit to a maximum of two (2) persons, both
of whom are sixty -two (62) years of age or older, shall be
recorded in the office of the Orange County Recorder.
GENERAL CONDITIONS
2
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30
Planning Department,
days of the issuance of the final invoice or prior to the
Planning Services Division
issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays
in the issuance of required permits or may result in the
revocation of the approval of this application.
3
The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
Planning Department,
(collectively referred to individually and collectively as
"Indemnitees ")
Planning Services Division
from any and all claims, actions or
proceedings brought against Indemnitees to attack, review,
set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant's indemnification
is intended to include, but not be limited to, damages, fees
and /or costs awarded against or incurred by Indemnitees and
costs of suit, claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
4
The Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of
Planning Services Division
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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