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Resolution-PC 2010-015RESOLUTION NO. PC2010 -015 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010-04809 (DEV201 0- 00013) (451 SOUTH MOHLER DRIVE) 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 to expand a two story, single family residence to include a four -car with living space above the garage in the Single Family Hillside Residential (RH -2) Scenic Corridor (SC) Overlay zone and the Anaheim General Plan designates this property for Estate Density residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 15, 2010, 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 expand a two- story, single family residence to include a four -car with living space above the garage: SECTION NO. 18.04.100.010.0101 Minimum side yard setback (15 feet required; 8 feet 7 inches proposed along the southwest property line) 2. The requested variance is hereby approved because there are special circumstances applicable to the property pertaining to its irregular shape and narrowing nature of the lot. In addition, nearby and adjacent properties have obtained variances for similar circumstances and are under the identical zoning classification. 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity. Specifically, 406 and 411 South Mohler Drive maintain similar side yard setback deviations. 1 PC2010 -015 WHEREAS, 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve, in part, Variance No. 2010 -04809 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 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. 2 PC2010 -015 meeting of March 15, 2010. A1'lEST: THE FOREGOING RESOLUTION s adopted at the Planning Commission STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN HEIM CI'Y LANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION I, 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 March 15, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of March, 2010. SENIOR SEC TARY, ANAHEIM CITY PL�1 NNING COMMISSION 3 PC2010 -015 7 APN: 356 141 -25 sn ino FeM EXHIBIT A" DE -00013 -4 Source. Recorded Tract Maps and/or City GIS Please note the accuracy is two to five feet 10920 PC2010 -01 5 NO. GENERAL EXHIBIT `B" VARIANCE NO. 2010-04809 CONDITIONS OF APPROVAL The 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 (Site Plan) and as conditioned herein. RESPONSIBLE FOR MONITORING Planning 5 PC2010 -015