Loading...
Resolution-PC 2016-036RESOLUTION NO. PC2016-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2016-05070 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00040) (1039 SOUTH SUMMER BREEZE LANE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition for Variance No. 2016-05070 to allow a rear yard setback less than required by the Zoning Code to construct a detached pool cabana (herein referred to collectively as the "Proposed Project") for certain real property located at 1039 South Summer Breeze Lane 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 0.23 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-3" 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-3" 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 May 16, 2016 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. 2016-05070 and to investigate and make findings and recommendations in connection therewith; and 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, one of which being the construction of accessory (appurtenant) structures, including garages, carports, patios, swimming pools, and fences. Since the Proposed Project consists of the proposed construction of a swimming pool cabana, the Proposed Project will not cause a - 1 - PC2016-036 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. 2016-05070 to allow a rear yard setback less than required by the Code to construct a detached swimming pool cabana should be approved for the following reasons: SECTION NO. 18.04.100.010.0101 Minimum rear yard setback (15 feet required; 8 feet proposed) 1. The requested variance is hereby approved because there are special circumstances applicable to the Property pertaining to its irregular shape. Specifically, the Property's rear lot line contains an irregular, inward "jog" that limits the ability to build a cabana while maintaining the code required setback from said lot line. Further, the rear setback portion of this Property is adjacent to a hillside area that slopes upward and therefore would not impact the adjacent property. 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 rear yard setbacks less than the required 15 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. 2016-05070, 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 Code. - 2 - PC2016-036 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 May 16, 2016. 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. zz CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 May 16, 2016, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-036 EXHIBIT "A" DEV NO. 2016-00040 A o so ic^ /v\ Feet E BLUE SKY WAY Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 4 - PC2016-036 EXHIBIT "B" VARIANCE NO. 2016-05070 (DEV2016-00040) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The property shall be developed substantially in accordance with Planning and Building 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, Elevations Plans), Division and as conditioned herein. 2 The Applicant shall defend, indemnify, and hold harmless the Planning and Building 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 and 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. 4 The subject Property shall be developed substantially in Planning and Building 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 - 5 - PC2016-036