PC 83-94RESOI~UTION NO. PC83-94
A RESOLUTZON OF THE ANAHEIM CITY PLANNING COMMISSION
TNAT YETITION FOR VARIANCE NO. 3334 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from MARVIN C. MOORE, 1811 Crestwood Lane, Apt. 1,
Anahei~, California 92804, owner of certain real property situated in the City
of Anaheim, Co~nty o£ Orange, State of California described as:
LOT 4~~ TRACT 2222~ IN THE CZTY OF ANAHEIM~ AS PER MAP
RECORDED IN BOOK 113, PAGES 23 TO 25 INCLUSIVE, MISCELLANEOUS
MAPS~ IN THE OFFICE OF TfIE ~OUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Cummission did hold a public hearing at
the Civic Center in the City of Anahe:m on May 16, 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 make findin9s and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in ils behalf, and aEter due consideration of all
evidence and reports offered at said hearing, does find and d~termine the
following facts:
1. That the ;,etitioner proposes waivers of the following to
construct a 2-ur~it addition to an existing 8-unit apartment building:
(a) SECTION 18.34.062.012 - Maximum structural height
(one story within 150 feet of single-
family residential zone boundary
permitted; two stories proposed)
(b) SECTION 18.34.062.020 - Maximum site coverage
(558 permitted; 56.28 proposed)
(c) SECTION 18.34.063.021 - ~finimun distance between buildin s
(19 feet required; 9 feet proposed)
(d) SECTION 18.34.066.010 - Minimum number and type of
parking spaces.
(25 spaces - 20 covered required;
21 spaces - 19 covered proposed)
2. That the above-mentioned waivers (a), (b) and (c) are hereby
granted on the basis that the petitioner demonstrated t•hat a hardship exists
due to the unusual shape of subject property; and t„at waiver (b) is a minimal
request (less than 2B greater than alloked by Code).
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3. That the above-mentioned waiver (d) is hereby granted on the
basis that construction of this addition will improve the existing parking
situation and also on the basis that the waiver will not cause an increase in
traffic congestion in the immediate vicinity nor ad'.ersely affect any
adjoining land uses; and will not be detrimental to the peace, health, safety
or general welfare of the citizen of the City of Anaheim; and further that the
petitioner stipulated at the public hearing that all tandem parking spaces
will be assigned to a particular unit.
4. That there are exceptional or extraordinacy 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.
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, anG denied to the property in question.
6. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property cr improvements in such
vicinity and zone in which the property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspendence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT EINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 2-unit addition to an
existing 8-unit apartment building with waivers of maximum structural height,
maximum site covera9e, minimum distance between buildings and minimum number
and type of parkir~g spdcec cn an irreg~~~:7.1-~h~P°`~ P~~~P~ ~f land e.onsistin4
of approximately 12,100 square feet, having a frontage of approximately 47
feet on the north side of Ccestwood Lane, and further described as 1811
Crestwood Lane; and does hereby approve the Negative Declaration from the
requirement to preQare an environmental impa~t report cn the basis that thera
would be no significant individual or cumulative adverse environmental impact
due to the approval of this Negative Declaration since the Anaheim General
Plan designates the subject property for medium-density residential land uses
commensurate with the p~~posal; that that Initial Study submitted by the
petitioner indicates no significant individuaZ or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Plannir~g Department.
NOW, THEREFORE, cE 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 and
general welface of the Citizens of the City oF Anaheim:
1. That subject property shall be served by underground u:ilities.
Z. That petitioner shall obtain a waive~ of Council Po.lic~~ No. 542
pertaini:~g to 3ound attenuation in residenti3l projects prior to
issuance of huilding permits.
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PC83-94
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3. That trash storage ar.eas shall be provided in accordance with
approved plans on file with the Street Maintenan~e a,~d Sanitation
Division.
4. 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; provide~, however, that all tandem parking
spaces shall be assigned to specific dwelling units.
5. That prior to final building an~] zoning inspections, Condition Nos.
1, 3 and 9, above-mentioned, shall be complied with.
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 appruvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 16th day
of May, 1983.
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CHAZRFIAN RO TEMPORE
ANaHE2 ITY PLI~NNING COMMISSION
ATTEST:
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SECftETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANG~ ) ss.
CITY OF ANAHEIM )
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 May 16,
1983, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, HERBST, KING
NOES: COMMISSIONERS: MC BURNEY
ABSENT: COMMISSIONERS: BUSH012E, FRY, LA CLAIRE
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May,
1983.
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SECRETARY, ANAHEIM C:iY PLANNING COMMISSION
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