Resolution-PC 2018-061RESOLUTION NO. PC2018-061
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2018-05112 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00106)
(6985 EAST VIA EL ESTRIBO)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified petition for Variance No. 2018-05112
to permit the construction of a wrought iron fence with decorative block pilasters and access
gates within the front yard setback at a certain real property located at 6985 East Via El Estribo
in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the subject 35,840 square foot lot is located within the Estates of
Hidden Canyon and which main residential structure was destroyed by the Canyon 2 Fire in
October 2017. The property is designated for Estate Residential land uses by the Anaheim
General Plan. The Property is located in the "RH-2" Single -Family Hillside Residential Zone
and is subject to the zoning and development standards contained in Chapter 18.04 (Single -
Family Residential Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 14, 2018 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. 2018-05112 (the "Proposed Project"), 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 (Title 14 of the California Code of Regulations; 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, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 3 — New Construction) which consists of
construction and location of limited numbers of new, small facilities or structures, and that,
therefore, pursuant to Section 15303 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 with respect to the request for Variance No. 2018-05112, does find and
determine that the required findings for approval of a variance to allow the wrought iron
fencing, block pilasters, and vehicular and pedestrian gates can be made because:
1) That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under
identical zoning classification in the vicinity. The rear half of the lot has a steep slope that
runs down toward Hidden Canyon Road and is encumbered by a 50 -foot wide Metropolitan
Water District (MWD) easement, thereby limiting the amount of buildable area on the site, as
well as the amount of useable recreational area adjacent to the house.
2) That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity. There are other homes in the immediate vicinity with
security gates and fencing within the front yard setbacks. The character and design of the
front yard fence would be complimentary with the design of the owner's residence and the
surrounding neighborhood. Furthermore, the fence would not impact the lines -of -sight to
adjacent streets or driveways.
WHEREAS, this 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. This 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, pursuant to the above findings,
this Planning Commission does hereby approve Variance No. 2018-05112 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 that portion of the Property for which Variance No. 2018-05112 is
applicable 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, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
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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.
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 November 14, 2018. 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.
CHAI"ERSON, PLANNI�G COMMISSION
OF TJU1✓ CITY OF ANAHEIM
ATTEST:
_�Ar
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 November 14, 2018, by the following
vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2018.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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DEQ' NO. 2018-00106
APN: 366-201-02
Source: Re=ded Tract Nlsps and:`;- City GIS.
Flease nate the accuracy is +;_ two to fr:e feet.
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EXHIBIT "B"
VARIANCE NO. 2018-05112
(DEV2018-00106)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
1
All proposed pavers, fences, gates, doors, walls, and pilasters along
Public Works
with their footings and foundations shall be built outside of the
Department,
existing 5 -foot Public Utility Easement (P.U.E.) and outside of the
Development Services
public right-of-way.
2
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
3
The subject property shall be developed substantially in accordance
Planning and Building
with the plans and specifications submitted to the City of Anaheim by
Department,
the applicant and which plans are on file with the Planning Department
Planning Services
under VAR2018-05112.
Division
4
Approval of this application constitutes approval of the proposed
Planning and Building
request only to the extent that it complies with the Anaheim Municipal
Department,
Zoning Code and any other applicable City, State and Federal
Planning Services
regulations. Approval does not include any action or findings as to
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compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
5
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
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
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Charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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