Resolution-PC 2002-132.
RESOLUTION NO. PC2002-132
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04521 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
LOT 5 OF TRACT 2414, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 75, PAGES 43 & 44,
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 9, 2002 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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,
does find and determine the following facts:
1. That the petitioner requests the following waiver to retain existing un-permitted 5.5 foot
pilasters, and to permit construction of new wrought iron panels befinreen the pilasters, for a 5.5-foot high
stuccoed pilaster and wrought iron fence:
Sections 18.04.043.101 - Maximum fence heiqht.
18.26.063.010 (3 feet hiah permitted in the front 25-foot setback;
and 18.26.064.110 5.5 feet hiqh existing and proposed at the front qropertv line along Gilbert
Street)
2. That the proposed use is hereby denied on the basis that there are no speciai
circumstances applicable to the property pertaining to topography, location or surroundings, which do not
apply to other identically zoned properties in the vicinity.
3. That strict application of the Zoning Code does not deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because no other front yard
fence height variances have been granted in the City of Anaheim in the vicinity of the subject site; and
that ample recreation/leisure area exists in the secured rear yard on this property.
4. That the existing front yard fencing on the opposite side of Gilbert Street is located in an
unincorporated Orange County area, on properry that is not within the jurisdiction of the City of Anaheim.
5. That two people spoke at the public hearing in opposition to the proposal, one person
representing the West Anaheim Neighborhood Development Council ("WAND"); and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
CR5453DM.doc -1- PC2002-132
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Variance, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 9, 2002.
CHAI ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE QF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing reso-ution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOS-~11114~K,-BOYDSTUN, BRIST_OL, ~AST_MAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~- y~ day of
~. , 2002.
SECRETARY, AN HEIM CITY PLANNING COMMISSION
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