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PC 83-32~ RESOLUTION NO. PC83-32 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION i.;.~ THAT PETITZON FOR VARIANCE NO. 3320 BE GRANTED WHEREAS, thE 7~iaheim City Planning Commission did receive a verified Petition for Variance from EURTON E. 21NAKIN, P. O. Hox 747, Palm Desert, California 92261, owner ~f certain real property situated in the City of Anaheim, County of Orange, State of California described as: LCT 8 OF TRACT NO. 2114, IN THE CITY OF ANAHEIM, AS SHOWN ON A Mr1P THEREOF RECORDEC IN HOOK 108 PAGES 42 AND 43 uF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. FJHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on February 7, 1983, at 1:30 p.m., notice of said public hearing having been duly give~ as required by law and in accordance ~ith 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 behaif, and after due consideratton 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 convert an existing apartment rental office to a dwelling unit: (a) SECTION 18.34.061.010 - Minimum building site area per dwelling unit. (1200 sq. ft. required; 1081 sq. ft. proposed) (b) SECTTON 18.34.062.032 - Minimum floor area per dwelling unit (550 sq. ft. required; 380 sq. ft. proposed for one unit) (c) SECTION 18.34.063.032 - Minimum recreational-leisure area per unit. (200 sq. ft. required; 190 sq. ft. proposed) (d) SEC:'ION 18.06.050.012 - Minimum number and type of & 18.34.066.010 spaces. Park'tn (22 spaces: 17 covered and 5 open required; 8 enclosed spaces existing) 2• Tliat the requested wai.vers are hereby gra:~ted on the basis that the apartment complex was constructed originally in 1958 ard rebuilt in June 1982 as a result of the April 1982 Ball-Euclid fire; that the office had been converted and rented out as a dwelling unit prior to 1982 and there was no resultant adverse impact on the area; and that the requested waivers are due, in part, to changes in the Code made between now and the date of original constr•iction. #~479I PC83-32 3. That the proposed variance is hereby granted subject to the petitioner~s stipulation at the public hearin~ that the converted unit shall have no kitchen facilities. 4. 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 prope~ty or class of use in the same vicinity and zone. 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and der.ied to the property in question. 6. 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. 7• That no one indicated their presence at said public hearing in oppc~ition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to convert an existing apartment rental office to a dwelling unit with waivers of minimum building site area per dwelling unit, minimum floor area per dwelling unit, minimnm recreational-leisure area per unit, ana minimum number and type of parking spaces on a rectangularly-shaped parcel of land consisting of approxinately 0.2 acre located at the northwest corner of Ball Road and Loara Street, and furthcr described as 1603 West Hall Road; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse ~nvironmental impact due to the approval of this Negative Declaration since the Anaheim GeneraZ Plan designates the subject pruperty for medium-density land uses commensurate with the proposal; that that Initial Study submitted by tYie petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, 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 an@ general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on fi.le with the Office of the Executive Director of Public Works. 2. That subject property shall be developed substantially in accordance with plans and specifications on file wi.th the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that the converted unit shall have nc~ kitchen facil' ;:ies. 3. That Condition Nos. 1 and 2, above-mentione3, shall be complied with prior to final building and zoning inspections. -2- PC83-32 ..,_, . ,....... L~.:... .. ; .. . . .. . _ . . ..... ....~ „ HE IT FURTHER RESOLVED that the Anaheim City Planni.ng 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. Shoiild an~~ 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. TE3E rOREGOING RESOLUTZON is signed and approved by me this 7th day of February, 1983. CHAIRMA , 1~Np,HEIM CITY ING COMMISSION ATTEST: "/~ (~ ~~~ .t 7.rA~s ~c.~-+cnrr~xs , ANAHEIM CITY pLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AN,~IFIEIM ) I, Edith L. Harris, 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 February 7, 1983, by the following vote of the members there of: AYES: COD7MISSIONERS: BOUAS, FRY, HERBST, KING, MC BURNEY, NOES: COMMIggIONERS: BUSHORE, LA CLAIRE ABSENT: Cptu+QSS20t1a^:P.a': NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of February, 1983. ~dZl ~' ~ ~~~. • SECRETARY, ,~pgEIM CITY pI,pNN=NG COMMISSION -3- PC83-32 ~~~., ~~_ .