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Resolution-PC 2009-108RESOLUTION NO. PC2009-108 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DENYING VARIANCE NO. 2008-04756 (DEV2009-0001 1) (360 SOUTH PERALTA HILLS) WHEREAS, the Anaheim 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 shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance from side yard setback and structural height requirements to construct a two story single-family residence, four-car detached garage, maid's quarters above the garage and a semi-enclosed cabana in the Single-Family Hillside Residential (RH-1) zone and the Anaheim General Plan designates this property for estate residential and uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 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 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, does find and determine the following facts: 1. That the applicant requests to deviate from the following to construct a two story single-family residence, four-car detached garage, maid's quarters above the garage and a semi- enclosed cabana: (a) SECTION NO. 18.04.100.010.0101 (b) SECTION NO. 18.18.060.010 Minimum side vard setback (20 feet required; 10 feet proposed on the north property line; 16 feet proposed on the south property line) Maximum structural height in the Scenic Corridor (25 feet required; 37 feet 6 inches proposed) 2. The requested variance (a) is hereby approved, in part, because there are special circumstances applicable to the north portion of the property along the garage for a 10-foot setback, including size, shape, topography, location and surroundings, which do not apply to other properties under identical zoning classification in the vicinity because the unique topography and location of -1- PC2009-108 the garage adjacent to a flag lot driveway access achieve the intent of the setback requirement of the Single-Family Hillside Residential (RH-1) zone. However, there are no special circumstances applicable to the south portion of the property along the main residence and semi-enclosed cabana for a 16-foot setback, including size, shape, topography, location and surroundings, which do not apply to other properties under identical zoning classification in the vicinity. 1 The requested variance (b) is hereby approved because there are special circumstances applicable to the property, including size, shape, topography, location and surroundings, which do not apply to other properties under identical zoning classification in the vicinity because the proposed building pad of the structure sits approximately nine feet below the existing grade and the proposal achieves the intent of the height requirement to preserve view sheds. 4. Strict application of the Code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Staff could not find any variances for similar setback requests in the vicinity. The only height variance in the vicinity was approved for a proposed house at the southeast corner of Santa Ana Canyon Road and Peralta Hills Drive. This variance allows up to a 37-foot height for the building on the basis that the lot is 2.85 acres in size and a higher building height on this lot would have a similar proportion to the height proportions of other buildings on smaller lots in the vicinity. NOW. THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a Negative Declaration in connection with the proposed Variance No. 2009-04789 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve, in part, Variance No. 2008-04756 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated 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 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 Anaheim Municipal 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 (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 -2- PC2009-108 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 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 requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all 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 for 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 as adopted at the Planning Commission fission meeting of October 26, 2009. ATTEST. 641,,_, SENIOR SLE`RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I CHAIRMA ANAH M CITY PLC- A4-NiNG COMMISSION A_ 1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, KARAKI, ROMERO NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: ERS: AGA WAL, FAESSEL III WITNESS WHEREOF, I have hereunto set my hand this 26 day of October, 2009. i >52A6A--- SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC2009-108 EXHIBIT "B" VARIANCE NO. 2008-047569 NO. CONDITIONS OF APPROVAL GENERAL 1 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and required change to the setback of the main house and semi-enclosed cabana along the south property line and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2 (Floor plans) and 3 (Elevations) and as conditioned herein. RESPONSIBLE FOR MONITORING Planning -5- PC2009-108