Resolution-PC 99-104RESOLUTION NO. PC99-104
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4349 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Ccmmission 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 2, AS SHOWN ON A MAP FILED IN BOOK 213, PAGES 21 AND 22
UF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
VJHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 7, 1999, 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 lherewith; and that the hearing was cantinued from the May 10, 1999
Planning Commission meeting; and
WHEREAS, said Commission, aker 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 Netitioner proposes waivers of the following to construct an 811 square foot
garage addition for an existing single-family residencs:
(a) Sections 17.08.390 - Minimum ~rivate street width.
17.08.650 (deleted)
and 18.23.061.022.0221
(b) Sections 18.23.063.010 - Minimum front yard setback.
18.23.063.010.011 (20 to 25 feet from a private street required in the
and 18.23.063.010.013 RS-HS-22,000(SC) zone;
10 to 20 feet proposed from tlia ultimatca right-of-way aiong
Martella Lane)
2. That waiver (a), minimum private street width, is hereby denied on the basis that the
petitioner submitted a revised site plan reducing the size of the proposed garage from 811 square feet to
485 square thereby eliminating the need for the waiver.
3. That waiver (b), minimum front yard setback for 7570 Martella Lane, is her~by approved
for a 485 square foot addition to lhe garage on the basis that there is a special circumstance applicable to
the property consisting of topography which does not apply to another identically zoned properties iii the
vicinity; that there are no plans to widen the private street (approximately 25 feet wide currently); that lhe
proposed setback from the existing street improvements is 3U to 40 fee;; and that the existing fairly
narrow widlh of Martella Lane suits the character oF the Hill and Canyon Area and the proposed setback
waiver from the ultimate right-of-way (40 foot width) is not inappropriate.
4. That there are exceptional or extraordinary circumstances or cond~tions 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. i hat the requested varianr.e is necessary for the preservation and en)oyment of a
substantial property right possessed by other property in tlie same vicinity and zone, and denied to the
property in question.
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6. That the requested variance will not be materially detrimental to the public welfare nor
injurious to the property or improvements in the vicinity and zone in which the property is located.
7. That no one indicated their presence at the pubiic hearing in opposition to the propo,al;
and that a petition with 20 signatures in favor of the proposal was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determmed that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental lmpact 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 grant subject Petition for Variance, in part, upon the followin~ conditions which are her•eby
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 subject property shall be developed substantialty in accordance with plans and specificafions
submitted to the City of Anaheim by tfie petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herein.
2. That the property owner shall submit elevation drawings of the garage addition to the 2oning
Division uf the Planninc~ Department for review and approval to verify compliance with Revision No.
1 of Exhibit No. 1.
3. That prior to final building and zoning inspections ~r within a period of one (1) year from the d~te of
this resolution, whichever occurs first, Conditiun Nos. 1 and 2, abov~mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in
ac~ordance with Section 18.03.090 of the Anaheim Municipal Code.
4. 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 or~inar~ce, regulation or requirement.
BE IT FURTHER RESOLVED lhat the Anaheim City Qianning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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.
THE FUREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 7, 1999.
_ ' GxQX/.~~
CHAIR ERSON f~RO-T~MPOR
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~OLD~
SECRETARY, ANA~4EIM CITY PLANNING COMMISSION
CR3655PK.DOC -2- PC99-104
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANNHEIN )
I, Margarita Solorio, Secretary of the Anaheim City Plann~ng Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of Ltie Anaheim City Planning
Commission held on June 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, NAPOLES,
NOES: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: BRISTOL, ESPING, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ,~~ day of
__C: 1999.
~~~ aS~a~
SECRETARY, ANaHEIM CITY PLANNING COMMISSION
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