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Resolution-PC 2009-032RESOLUTION NO. PC2009-032 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTTON IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2008-04768 - (9221-9241 PICADILLY WAY) WHEREAS, the Ana}~eim City Planning Commission did receive a veriP4ed PeCitJon for a Variance for a deviation in fro~t yard setback aod sound atteouation requiremants Yo construct two new single famaly homes adjacenC Yo the 91 Freeway, for certain real property sitvated in the City of Anaheim, County of Orange, StaCe of California, as more particularly described in Bxhibit "A" attached hereto and incorporated herein by this reference. WFIEREAS, project site consists of two separate vacanC properties in Yhe Single Farr3ily Residential (RS-3) zone and the Anaheim General Plan designates these propezCies for Low Density Residential land uses; and WHEI2EAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 2, 2009, at 2:30 p.m. notice of said pnblic heari~g 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 evideace for and against said proposed variance and to investigate and make findings and recommendations in connecCion therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itsel~ and in iCS behaif, and after due consideration of all evidence a~d reports offered at said hearing, does find and determine the following facts: 1. That the applicant requests a variance from the Poliowing development standazds to construct two oew single family residences: (a) SECTION NO. 18.04100.010 Minimum Front Yard SeCback (13.5 feet proposed; 15 feet required). (b) SECTION NO. 18.40.090.060 Saund Attenuatioo ( a masimum exterior naise of 65 decibels wiYhin the private rear yard of any single family lot that is located within 600 feet of any freeway is permitted; a maximum noise ]evel of 67.9 decibels is proposed). 2. That there are special circumstances applicable to tt~e properCy, including size, shape, Copography, loeation or surroundings, due to Che oarrow depCh of the property as a consequence of a freeway widening project. -i- PC2009-032 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by otl~er properties witl~ identical zoning in the vicinity because a similar fronC yard setback variance was granted for the adjacent property to the west. 4. That Variance findings are not required for sound attenuation deviation requests, provided that the deviation does not pertain to interipr noise levels, the deviation does not exceed 5 decibels above the prescribed levels for exterior noise, and measures to attenuate noise to the prescribed levels would conflict wiCh the aesthetic val~e of Che project. A sound study was submitCed by Tt~e applicanY and the study states tl~aY the existing 13-foot high block wall adjacent to the freeway cannoC mitigate sound levels to comply wiYh the 65 deeibel noise requirement. In order to meet this requirement, an 18-foot high sound wall would need to be constructed betwee~ the subject properties and the freeway. The construction of an 18-foot high block wall would not be a reasonable method of mitigation because it would compromise the aesthetics and affordability of the pre-manufactured homes that will be sold to low income households; cherefore, the Planning Commission hereby approves a sound deviation of 2.9 decibels above the maximum 65 decibels pernvYted by Code, as requested by the applicant. 5. ThaC no one indicaCed their presence at said public hearing in oppasiCion; and that no correspondence was rece9ved in opposition to the subjecC petition. NOVV THERBFORE BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a Class 3 Categorical Exemption in connection wich Variance No. 2008-04768 is adequate to serve as the required environmental documentation in eomnection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Variance No. 2008-04768 subject to the conditions of approval described in ExhibiC "B" atYached hereto aod iocorporated by this reference which are hereby fou~d to be a necessary prerequisite to the proposed use of the subjece property in order to preserve the health, safety and geueral welfare of the Citizens of the City of Anaheim. BE 1T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and deternune that adoption of this Resolution is expressly predicated upon applicant's compl3anee with eacl~ 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 T3' FURTHER RESOLVED that the applicant is responsible for payi2g all cbarges related to the grocessing of this discrerionary case application within 15 days of tfie issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 2, 2009. Said resolution is subject to the appeal provisions set foRh in Chapter 18.60 "Proeedures" of the Anaheim Munieipal Code perCaining to appeal procedures and may be replaced by a City Council Resolation in the event of an appeal. -2- PC2009-033 THE FOREGOING RESOLUTION was adopted at tt~e Planning Commission meeting of March 2, 2009. 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. . CHAII2MAN, A`~IAI~EIIYI CITY ATTEST: SENIOR(SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3TATE OF CALIFORNIA ) COUNTY OF 0~2ANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resoluCion was passed and adopted aC a meeting of the Anaheim City Planning Commission held on March 2, 2009 by the following vote of the members thereof: AYES: C0IVIMISSIONER3: AGARWAL, $UFFA, EASTMAN, KARAKI, ROMERO NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WI-IEREOF, I have hereunto set my hand this 16`~ day of March, 2009. ARY, ANAHEIM CITY PLANNING COMMI3SION -3- PC2009-032 EXHIB[T "A" VARI~NCE NO. 200$-047G8 -4- PC2009-032 EXHIBIT "B" VARIANCE NO. 2008-04768 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1 The subject properCy shall be developed sabstantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1(Site Plan), 2 (Floor Plan), and 3 and 4(Elevations), and as conditioned herein. 2 Approval of Yhis applicaYion constitntes approval of the Planning proposed request 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 oCher applicable ordinance, re~ulation or requirement. -5- PC3009-032