Resolution-PC 2000-90. •
RESOLUTION N0. PC2000-90
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04401 BE DENIED
WHEREAS, the Anaheim City 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
described as:
LOT 22 IN BLOCK 2 OF TH!E ENTERPRISE TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 4, PAGE 89 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHER~AS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 17, 2000, at 1:30 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 18.03,
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 petitioner proposes waivers of the following to construct an additional two-unit
apartment building in conjunction with an existing duplex:
(a) Sections 18.06.050.010.012.0121 - Minimum number of parking spaces.
18.06.080 (9 spaces required; 6 spaces proposed)
and 18.32.066.010
(b) Sections 18.06.050.010.012.0126 - Required screening of parking areas.
and 18.32.066.010 (36-inch high screening between parking area and
Chestnut Street required; none proposed)
(c) Section 18.32.061.010 - Minimum building site area per dwelling unit.
(2,400 sq.ft. per unit permitted; 1,862 sq.ft. proposed)
(d) Section 18.32.066.062 - Design of vehicular parking areas.
(Backing onto a public street not permitted for multiple
family residences;
2 parking spaces proposed to back onto Chestnut Sreet)
2. That waiver (a), minimum number of parking spaces, is hereby denied on the basis that
approval would cause fewer off-street parking spaces to be provided for the proposed use than the
number of such spaces necessary to accornmodate all vehicles attributable to such use under the normal
and reasonably foreseeable conditions of operation of such use; that approval would increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use; that approval would incr~ase the demand and competition for parking spaces upon
adjacent private property in the immediate~ vicinity of the proposed use (which property is not expressly
provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the
Anaheim Municipal Code); that approval would increase traffic congestion within the off-street parking
areas or lots provided for such use; and that approval would impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposed use.
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3. That waivers (b), (c) and (d), required screening of parking areas, minimum building site
area per dwelling unit and design of vehicwlar parking areas, are hereby denied on the basis that there
are no special circumstances applicable to the property consisting of size, topography, surroundings and
building location, which do not apply to other identically zoned properties in the vicinity to justify these
waivers; and that strict application of the zoning code does not deprive the property of privileges enjoyed
by other property under identical zoning classification in the vicinity, and denied to the property in
question.
4. That waiver (c), minimum site area per dwelling unit, is further denied on the basis that
the proposed density exceeds the allowable density set forth in the General Plan; that the General Plan
designates the entire block, including subject property, for Low-Medium Density Residential units which
allows a maximum of 3 units for this entire property and, therefore, the 4-unit proposal exceeds the
density permitted by the General Plan by 33%.
5. That the waivers are further denied on that basis that the project, as proposed, does not
"blend-in" with the neighborhood with regard to density, scale and character; that many of the lots
surrounding this property are developed with single-family residences even though the area is zoned RM-
2400; and that the plain architecture of this complex would not be compatible with 12 homes on the same
block which are listed as "qualified historic structures" in the City's Preservation Plan.
6. That the proposal is located within the boundaries of the Anaheim Colony Historic
District; and that the Preservation Plan (adopted by the City Council in 1999) sets forth guidelines which
encourage investment and construction of new buildings which are compatible with the scale, style and
character of the surrounding historic neighborhood; and, further, that the Preservation Plan encourages
infill development to carefully assess the following:
• The architectural design of the proposed buildings to ensure compatibility in elements such as style,
height, proportion and materials of surrounding neighborhoods,
• The relationship of houses to each other, to the surrounding open spaces, and to the street,
• The functional and aesthetic design of open space, and
• The distribution, layout and character of parking.
7. That four people indicated their presence at the public hearing in opposition to the
proposal; and that a petition was received with 12 signatures in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 5, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Variance on the basis of the aforementioned findings.
THE FOREGOING RESOLWTION was adopted at the~~nin~Cor~mission meeting of
July 17, 2000.
HAIRPERSON, ANAF~IIVI CIfiY PLANNI~G~aMMISSION
ATTEST:
t~~~
SEC E , ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 July 17, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD, BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SECRE ARY, AHEIM CITY PLANNING COMMISSION
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