Resolution-PC 2015-073RESOLUTION NO. PC2015-073
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05029
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00082)
(942 NORTH CLAUDINA STREET)
WHEREAS, the Planning Commission of the City of Anaheim City (hereinafter
"Planning Commission") did receive a verified petition to approve Variance No. 2015-029 to
allow construction of a single-family residential dwelling unit with front and rear yard setbacks
less than required by the Zoning Code (the "Code") and to allow fewer parking spaces than
required by the Code 'Proposed Project") for certain real property located at 942 N. Claudina
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 1,945 square feet, is located in the "RM -
4" Multiple -Family Residential Zone. Because one single-family detached dwelling unit is
proposed for the Property, Table 6-A (Primary Uses: Multiple -Family Residential Zones) of
Section 18.06.030 (Uses) of Chapter 18.06 (Multiple -Family Residential Zones) provides that the
requirements or limitations of either the "RS -2" Single -Family Residential Zone or the "RS -3"
Single -Family Residential Zone, based on lot size, are applicable to the development of the
Property In this instance, staff determined that the RS -3 Zone is the appropriate zone because
the lot size is less than the minimum lot size of the RS -3 Zone. The Anaheim General Plan
designates this Property for Low Density residential land uses; and
WHEREAS, a previous variance request was approved by the then Planning
Commission on October 4, 1982 to permit the development of a single-family residence with a
variance for lot coverage, minimum landscape setback and minimum number and type of parking
spaces. This residence was never built and a previous residence was demolished in March, 1984.
On September 13, 2010, the then Planning Commission approved a Variance (VAR2010-04810)
to construct a two-story, single family residence with smaller front and rear yard setbacks and
fewer parking spaces than required by code. The Property was not thereafter developed in
accordance with VAR2010-04810; accordingly, that entitlement has since expired; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 21, 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. 2015-029 and to investigate and make findings and recommendations in connection
therewith; and
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WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental 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 3 —
New Construction or Conversion of Small Structures) which consist of the construction and
location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA
Guidelines provides examples of projects that qualify for an exemption from the provisions of
CEQA. The example from Section 15303 applicable to the Proposed Project is for the
construction of one single-family residence. Since the Proposed Project consists of one single-
family residence, 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 pertaining to the request for Variance No. 2015-05029 to allow front and
rear yard setbacks less than required by the Code pertaining to the construction of a new single-
family residence should be approved for the following reasons:
SECTION NO. 18.04.100.010.0101
SECTION NO. 18.04.100.010.0101
Minimum front yard setback (15 feet
required; 10 feet 6 inches proposed)
Minimum rear yard setback (15 feet
required; 10 feet proposed)
1. There are special circumstances applicable to the Property pertaining to the
extremely limited size of the lot with the application of the standard setback requirements of the
Zoning Code. Because of the size of the Property, it cannot be put to productive use if all of the
development standards for the zone are strictly applied. Approval of the variance will place the
owner of the Property in parity with other property owners in the same zone in devoting his
Property to the basic function of that zone, i.e., residential use. An existing light pole and the
location near the street corner intersection further limit the flexibility of designing the home in
any other configuration.
2. Strict application of the Code would deprive the Property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity. To strictly apply the
setback requirements of the existing zone would place the owner of the Property at a
disadvantage with other landowners in the same zone. The hardship is peculiar or unique to the
owner of the Property and not shared by other property owners in the same zone.
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WHEREAS, based upon the parking justification letter submitted by the
applicant, and observations made by staff, the Planning Commission does further find and
determine that the request for a variance for less parking than required by the Code should be
approved for the following reasons:
SECTION NO. 18.42.030.040 Minimum number ofap rking spaces (4 spaces
required — two garage spaces and two spaces in
front of the garage; 2 spaces proposed — one
garage space and one space in front of the garage)
1. The variance, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use because the observations indicate that there are enough
parking spaces to accommodate this request;
2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets or adjacent private property in the
immediate vicinity of the proposed use because the on-site parking will adequately accommodate
two vehicles at the Property;
3. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has an existing drive apron access that existed to serve
the prior residence located on the property. An existing light pole is located directly in the
middle of the lot frontage. The garage parking stall and driveway could not be designed in any
other layout due to these physical constraints on the Property. Therefore, it will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the Property.
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. 2015-05029, contingent upon and 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 under Variance No.
2015-05029 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
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cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this Variance is approved without
limitations on the duration of the use. Amendments, modifications and revocations 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 September 21, 2015. Said resolution is subject to the appeal provisions set forth in
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.
CHA MAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 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 21, 2015, by the following vote of the members thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: BOSTWICK, LIEBERMAN
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 215' day of September, 2015.
r
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 035-062-02
EXHIBIT "A"
DEV NO. 2015-00082
0j
E LA PALMA AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2015-05029
(DEV2015-00082)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR
TO ISSUANCE OF GRADING PERMIT
1
A soils report shall be submitted to the Public Works Department,
Development Services,
Subdivision Section, for review, consideration and approval by the
Public Works
City Engineer.
PRIOR TO ISSUANCE OF BUILDING PERMIT
2
The developer shall design and construct all off-site water system
Water Engineering
improvements required to serve the project in accordance with Rule
No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
3
Submit a written Solid Waste Management Plan (SWMP) including
Public Works
a site plan and details to Public Works Department for review and
Department,
approval.
Operations Division
4
The legal property owner shall submit an application for a
Development Services,
Subdivision Map Act Certificate of Compliance to the Public
Public Works
Works, Development Services Division. A Certificate of
Compliance shall be approved by the City Engineer and recorded in
the office of the Orange County Recorder prior to issuance of
Building Permit.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
5
All requests for new water services or fire lines, as well as any
Water Engineering
modification, relocations, or abandonments of existing water
services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
6
All required public street, landscaping, irrigation, sewer and storm
Development Services,
drain improvements shall be constructed and are subject to review
Public Works
and approval by the Construction Services inspector.
GENERAL
7
The garage shall be available for the parking of vehicles at all times.
Planning & Building
Storage of personal items may occur in a garage only to the extent
Department
that such storage does not impede vehicle parking nor reduce the
Planning Services
number or required minimum size of the required garage space.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The property shall be developed substantially in accordance with
Planning & Building
plans and specifications submitted to the City of Anaheim by the
Department
applicant and which plans are on file with the Planning Department
Planning Services
(Site, Elevation and Floor Plan) and as conditioned herein.
Division
9
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
Division
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.
10
The applicant is responsible for paying all charges related to the
Planning & Building
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.
11
The subject Property shall be developed substantially in accordance
Planning & Building
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
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