Resolution-PC 2008-107RESOLUTION NO. PC?008-107
A RESOI~UTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATNE DECLARATION AND APPROVING ,
VARIANCE NO. 2008-04749
(7260 CANYON RIM ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for a Variance Co permit parcels having loC depths less than 120 feet adjacent to aa arterial
higUway, for certain real property situated in the City of Anaheim, County of prange, State of
California, as more particularly described in Exhibit "A" attached hereYo and incorporated herein
by this reference.
WHEREAS, the property is currently vacant and is located in the T(SC)
(Transition - Scenic Corridor Overlay) zone; and the Anaheim General Plan designates this
property for Low-Medium Hillside Residential land uses; and
WHEREAS, the applicant requests approval of a waiver of minimum lot depth
adjacent to an arterial highway to establish a three lot single-family detached residential
subdivision; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in Tbe Ciry of Anaheim on October 13, 2008 at 230 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 said public hearing was continued to October 27, 2008; and
WHEREAS, said Commission, after due inspection, investigarion and st~idy 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 tl~e petitioner requests waiver of the following to establish a 3-lot single-
family detached residential subdivision:
(aj SECTION NO. 18.04.060.020 Minimum Lot Depth Adjacent to an
Arterial Hiehway 5- I20 foot lot
depth proposed; 120-foot lot depih
required).
2. That special circumstances apply to the subject property because of the unique
shage of this properry in comparison with snrrounding lots would limit the ability to subdivide
the property; therefore, there are special circumstances that apply to the subject property due to
the irregular shape of the property as compared to other properties in the neighborhood.
1- PC2008-107
3. That strict application of the Zoning Code would deprive the properiy of
privileges enjoyed by other properties with identical zoning in the vicinity and will provide the
opportunity for development of this parcel and implementaCion of the General Plan land use
designation.
4. That three persons indicated their presence at said public hearing in opposition;
and that five correspondenees were received in opposition to subject petition. One person related
some concems pertaining to the subject project.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
has reviewed the proposal and does hereby find that a Negative Declaration in connection with
Variance No. 2008-04749 is adequate to serve as the required environmental documentation in
connection w'rth this request.
BE IT FURTHBR RESOLVED that the Anaheim Planning Commission for
reasons hereinabove stated does hereby approve the proposed waiver of the minimum lot depth
adjacent to au arterial highway as requested by the applicant.
BE IT FURTHER RESOLVED tUat the Anahelm Planning Commission for the
reasons hereinabove stated does approve Variance No. 2008-04749 subject to the condations 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 subject property
in order to preserve the safety and general welfare of the Citizens of the City of Anaheim.
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 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 Yhe applicanfis responsible for paying a11
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice.
THE FOREGOlNG RESOLUTION was adopted at the Planning Commission
meeting of October 27, 2008. 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 Co~mcil Resolu~ion in the event of an appeal.
CHAIRMAN PRO~'1jEMF~O$c~, ANAHEIM PLANNING COMMISSION
ATTEST: "
r~..c,s+~ -Yt~c~
~~Cx-~ / '"<~y t
SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2008-107
STATE OF CALIFORNIA )
COLINTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolutaon was passed and adopted at a meeting of the Anaheim
Planning Commission held on October 27, 2008 by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: KARAKI
i~
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
November, 2008.
~
SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-107
EXHIBIT "A"
VARIANCE NO. 2008-04749
-4- PC2008-107
EXHIBIT "B"
VARIANCE NO. 2008-04749
Resppnsible
No. Conditions of Approval for
Monitorin
TIMINGr GENERAL
1 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of
Anaheim by the applicant and whiah plans are on file with the
Planning Deparhnent marked E~ibit Nos. 1 through 6, and as
conditioned herein.
2 That prior to issuance of a building permit, or within a period Planning
of one (1) year from the date of this resolution, whichever
occurs first, Condition No. 1, above-mentioned, shall be
complied with. Extensions for further time to wmplete said
conditions may be granted in acwrdance with Code Section
No. 18.03.090 of the Anaheim Mwucipal Code.
3 Approval of this variance is granted subject to the approval of Planning
Reclassification No. 2008-00218 and Tentative Parcel Map No.
~006-229.
4 Approval of this application constimtes approval of the Planning
proposed requesC only to the extent that it complies with the
Anaheim Municipal Zoning 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
requiremenC.
-5- PC2008-107