Resolution-PC 2015-040 RESOLUTION NO. PC2015-040
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2015-05010 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00034)
(321 SOUTH OLD BRIDGE ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred
to as the "Planning Commission") did receive a verified petition for Variance No. 2015-05010 to
allow a side yard setback less than required by the Zoning Code to construct a residential room
addition (herein referred to collectively as the "Proposed Project") for certain real property
located at 321 South Old Bridge Road 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 0.56 acres, is currently
developed with a single-family residence. The Anaheim General Plan designates the Property
for Estate Density residential land uses. The Property is located in the "RH-2" Single-Family
Hillside Residential Zone, which is combined with the Scenic Corridor (SC) Overlay Zone
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone)
shall apply in addition to, and, where inconsistent therewith, shall supersede any regulations of
the "RH-2" Single-Family Hillside Residential Zone contained in Chapter 18.04 (Single-Family
Residential Zones) of the Anaheim Municipal Code (herein referred to as the"Code"); and;
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 15, 2015 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 proposed Variance No.
2015-05010 and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environ rental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the' "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class I —
Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing
public or private structures or facilities, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project 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 pertaining to the request for Variance No. 2015-05010 to allow a side yard setback
less than required by the Code to construct a residential room addition should be approved for
the following reasons:
SECTION NO. 18.04.100.010.0101 Minimum side yard setback (10 feet
required; 7 feet, 5 inches proposed)
1. The requested variance is hereby approved because there are special
circumstances applicable to the Property pertaining to its narrow shape and the fact that the
setback portion of this Property is adjacent to a sloped hillside area and therefore would not
impact the adjacent property. Further, the expansion is consistent with the existing building
footprint and maintains the existing 7-foot side yard setback and 10-foot fence line. In addition,
nearby properties have obtained variances for similar circumstances and are under the identical
zoning classification.
2. Strict application of the Code would deprive the Property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity because other properties
in the area have side yard setbacks less than the required 10 feet.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2015-05010, 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 Pen-nit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of June 15, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130
(Appeals — Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
04C AIRMAN, PLA= COMMISSION
THE CITY OFA HEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, 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 June 15, 2015, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 15'h day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 3
356-331-04
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Source:Recorded Tract Maps and/or City GIS.
,em Please note the accuracy is+/-two to five feet.
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EXHIBIT " "
VARIANCE NO. 201 -05010
( EV2015-00034)
NO. CONDITIONS OF APPROVAL, RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1 The property shall be developed substantially in accordance with Planning
plans and specifications submitted to the City of Anaheim by the Department,
applicant and which plans are on file with the Planning Planning Services
Department marked Exhibit No. 1, (Site Plan), Exhibit No. 2 Division
(Elevation Plans) and Exhibit No. 3 (Floor Plan) and as
conditioned herein.
2 The Applicant shall defend, indemnify, and hold harmless the Planning
City and its officials, officers, employees and agents (collectively Department,
referred to individually and collectively as "Indemnities") from Planning Services
any and all claims, actions or proceedings brought against Division
Indemnities to attack,review, set aside, void, or annul the
decision of the Indemnities 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
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
3 The applicant is responsible for paying all charges related to the Planning
processing of this discretionary case application within 30 days of Department,
the issuance of the final invoice or prior to the issuance of building Planning Services
permits for this project, whichever occurs first. Failure to pay all Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
4 The subject Property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of Department,
Anaheim by the petitioner and which plans are on file with the Planning Services
Planning Department, and as conditioned herein. Division
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