Resolution-PC 2007-18~ . •
RESOLUTION NO. PC2007-18
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETI710N FOR VARIANCE N0: 2007-04717'BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a veri~ed Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as: i
PARCEL 1; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE DF
CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 91 PAGE 48
OF PARCEL MAPS, IN THE OFFICE OFTHE RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 5, 2007, at 2:30 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 18.60
"Procedures", to hear and consider evidence for and against said proposed variance 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 applicant proposes waiver of the following to permit and retain an existing fience and
gate within the required front yard setback of an existing single family'residence:
SECTION NO. 18.46.110.030 Maximum fence heiqht (3 feet high permitted within
the required front yard setback; 6 feet proposed).
2. That there are special circumstances pertaining to the location of the property which do not
apply to other identically-zoned properties in the vicinity to justify the requested fronf yard fence height. This
parcel is located at the end of a cul-de-sac and has an unusually long frontage over a large portion of the cul-
de-sac. The amount of frontage is usualty equally distributed by the parcels at the end of the cul-de-sac and
this parcel has a dis-proportionally large frontage.
3. That there are 3 other properties in the vicinity that have been granted this waiver of code
requirement and denial of this request would deprive this property of a privilege enjoyed by others in the
area.
4. That no one indicated their presence at said public hearing in opposition; and that no :
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety
of the Citizens of the City of Anaheim:
CR1PC2007-18 -1- ' PC2007-18
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1. That within sixty (60) days from the date of this resolution, the applicant shail obtain a building permit to
retain the existing masonry waA.
2. That subject property shall be developed substantially in accordance with plans and specifications '
submitted to the City of Anaheim by the applicant and which plans are'on file with the Planning
Department marked Exhibit No. 1 and as conditioned here+n. -
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine;that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
a1i of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by t~e 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 the applicant is responsible for paying a11 charges related
to the processing of this discretionary case application within 15 days of the;issuance of the final invoice or:
' prior to the:issuance of building permits fior this project, whichever'occurs first. Failure to pay all charges
shall result in delays in`the issuance of required permits or the revocation of the approval of this application.
: THE FOREGOING' RESOLUTION was adopted at the Planning Commission meeting of
March 5, 2007. 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 m b ced by un
Resolution in the event of an appeaL ~*'
CHAIRMA H IM PLANNING COMMISSION
ATl'EST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify :
thatthe foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 5, 2007 by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~. p T'1' day of
, 2007.
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/G~~~S-I.t..t~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION