Resolution-PC 2001-57• .
RESOLUTION NO. PC2001-57
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04434 BE GRANTED, IN PART
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:
PARCEL 1
LOT 4 AND LOT 5 OF TRACT NO. 1157, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN
BOOK 40, PAGES 34 THROUGH 35 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITHIN PARCELS
1 AND 8 AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM
RECORDED JANUARY 26, 1990 AS INSTRUMENT NO. 90-048030, OF
OFFICIAL RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 7, 2001, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and io 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 a new block wall and a two-
story detached garage in conjunction with the relocation of an existing two-story, historically-significant,
single-family residence:
(a) Sections 18.04.043.101(a) - Maximum fence heiqht.
and 18.26.064.110
(b) Sections 18.04.043.103 - Maximum height of accessory buildings.
18.26.063.020 (One storv accessorv buildinqs in single family residential zoning
and 18.26.064.010 permitted to encroach into minimum 5-foot side vard setbacks;
finro-story qaraqe in RS-7200 "Residential, Single-Family" zoning
proposed 3 feet from the east property line)
2. That waiver (a), maximum fence height, is hereby denied because it was deleted
following public notification.
3. That waiver (b), maximum height of accessory buildings, is hereby by approved on the
basis that there are special circumstances applicable to the property consisting of its location and
surroundings and due to the historical significance of the "Hatfield House" (which is the building proposed
to be relocated to this site), which do not apply to other identically zoned properties in the vicinity; and
that the two-story design of the garage is consistent with the architecture of the period in which the
Hatfield House was constructed.
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4. That this corner lot fronts on an a~terial highway (Lincoln Avenue), but takes access
along its west side (Rose Street ); and that the property to the east is zoned RM-1200 (Residential,
Multiple-Family) which allows detached accessory structures to encroach to the property line.
5. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
6. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone.
7. That the requested variance, as approved, is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and
denied to the property in question.
8. That the requested variance, as approved, will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the property is
located.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received 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-~xemptions; ~lass-3'~~ as defned ir~ th~ ~tate of CalifaFnia ~nviFOnment Impact Report (EER}
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 grant subject Petition for Variance, in part, upon the following conditions 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:
1. That Variance No. 2001-04434 is hereby granted subject to the finalization of Reclassification No.
2001-00049, now pending.
2. That all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be
properly shielded visually from adjacent residential properties and public rights-of-way. Such
information shall be specifically shown on the plans submitted for building permits.
3. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
across the property (to be determined when electrical design has been completed) for public utility
purposes.
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6, and as conditioned herein.
5. That the detached two-story garage shall be accessory to the primary residence on the lot; that no
portion of said garage shall be used for habitable purposes and that it shall be so-maintained in
accordance with the Anaheim Municipal Code and State Law; and that no kitchen facilities or cooking
equipment shall be permitted inside the detached garage.
6. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
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7. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shall be
complied with.
8. 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 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.
May 7, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON,
ATTEST:
~~~-~..~._,--•_o-~-so --
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CITY PLANNING COMMISSION
I, Eleanor Fernandes, 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 May 7, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~1 S T da of
Y
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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