PC 83-222RESOLUTI0t7 N0. PC83-222
A RESOLUTION OF THE ANAHEIM CITY ':~LANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3362 BE GRANTED
WHEREA5, the Anaheim City Planning Commission did receive a veri£ied
Petition for Variance from SANTIAGO F. RODRIGUEZ, 286 North Paseo Madero,
Anaheim, California 92807 and NOONAN CONSTRUCTIOh, 2915 East La Jolla Street,
Anaheim, California 92806, ATTN: GENE NOONAN, agent of certain real property
situated in the City of Anaheim, County of Orange, State of CaZifornia
described as:
LOT 40~ OF TRACT N0. 8080~ AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 343, PAGES 22 AND 23 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 14, 1983, 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 nake findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its ~ehalf, and after due consideration of all
evidence and reports offere8 at said hearing, does find and determine the
following facts:
1. That the petitioner proposes waivers of the followinq to
construct a room addition:
SECTION 18.27.062.020 - Maximum lot coverage.
(358 maximum permitted; 478 proposed)
2. That the above-mentioned waiver is hereby granted on the basis
thac the petitioner demonstrated that a hardship exists in that there are
sgecial circumstances applicable to the property such as size, shape,
topography, location oz surroundings, which do not apply to other identically
zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in
identical zoning classification in the vicinity.
3. That there are exceptional or extraordinary circumstanceu or
conditions applicable to the prc~erty involved or to the intended use of the
property that do not apply generally to the property or class of use i.n the
same vicinity and zone.
4. That the requested variance is necessary for the preservation
and enjoyment of a substantial ptoperty right possessed by other propecty in
the same vicinity and zone~ and denied to the property in question.
5. That the requested variance 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.
#0093r PC83-222
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL -MPACT EINDING: 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 EIR Guidelines and is~ therefore, categorically exempt from the
requirement to prepaze an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are heceby foun~ 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 plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Aousing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessaty work.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
3. That prior to final building and zoning inspections, Condition Nos.
1 and 2, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and detecmine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hezeinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any courl of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of
November, 1983. ~i / ~l~~
i" j~~.«/ ~ .
CBAIRWOMAN~// HEIM CITY PLANNING COMMISSION
ATTEST:
/ ~e-r%~, ~/ ~`~i1 ~L~-~ .
SECRETARY~ ANABEIM I.ITY PLANNING COMMISSION
-2-
PC83-222
_ ..,,~^
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretacy 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 November 14, 1983, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, HERBST~ KING~ MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FRY~ LA CLAIRE
IN WITNESS WHEREQF, I have ;eteunto set my hand this 14t. day of
November, 1983.
`~~ ,~ ~~~:.
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-3- PC83-222