Resolution-PC 99-195RESOLUTION NO. PC99-195
A RESOL~TION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4375 BE DENIED
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:
LOT 221N BLOCK 2 OF THE ENTERPRISE TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 4, PAGE 89 OF MISCELLANEOIUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November S, 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 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 construct a 3-unit apartment
building on the same property as an existing 2-unit apartment building for a total of 5 units with waivers of
the following:
(a) Section 18.06.040.010 - Minimum dimensions of vehicle accesswavs.
24 foot driveway required; 21 feet proposed)
(b) Sections 18.06.040.020 - Minimum dimensions of parkina spaces.
and 18.32.066.020 10 feet wide by 20 feet lony required;
7 feet wide by 17 feet long proposed)
(c) Sections 18.06.050.012.0121 - Minimum number of oarkinq soaces.
and 18.32.066.010 11 s aces required; 9 soaces proposed)
(d) Section 18.32.061.010 - Minimum site area oer dwellinq unit.
(2,400 sq.ft. required; 1,498.8 sa.ft. proposed)
(e) Section 18.32.063.012 - Minimum fronk vard setback.
15 feet required; none proposed between parking spaces
and Chestnut Street)
(~ Section 18.32.C63.020.022 - Minimum side vard setback.
(8 feet required; 5 feet proposed)
(g) Section 18.32.063.030.032 - Minimum recreationzl-leisure area.
1 7( . 50 sa.ft. required; 1.081 sa.ft. proposed)
(h) Section 18.32.066.062 - Parkina arecluded from backinq onto a oubiic street.
(Backing ~reciuded; backing ro oscuj
CR3802PK.OOC -1- PC99-195
2. That the November 8, 1999 Staff Report to the Planning Commission contained
two errors: the depth of the property is 158 feet (not 108 feet) and the proposed waiver (d) is for a
minimum site area per dwelling unit of 1,498.8 sq.ft. (not 1,015 sq.ft.).
3. That the above-mentioned waivers are hereby denied because there are no
speciai circumstances applicabie to the property such as size, topography, surroundings or building
location, which do not apply 40 other identically ~oned properties in the vicinity, to justify these waivers.
4. That the proposed 5-unit apartment compiex would not be compatible with the
scale, sryle and character of the surrounding historic neighborhood.
5. That the proposed density would not be compatible with the allowable density as
set forth in the General Plan.
6. That the number of proposed waivers (seven) to establish five residential units on
this site Ceing demonstrates that the proposal is too dense for the site.
7. That the livability of this residential proper,y would be compromised because of
the Code-required development standards that are proposed to be waived.
8. That there are no exceptional or extraordinary circumstances or conditions
applicable to this property involved or to the intended use of the property which do not apply generally to
the property or class of use in the same vicinity and zone.
9. That the requested waivers are not necessary for the preservation and
enjoyment of a substantial property right possessed by other properties in the same vicinity and zone,
and d~nied to the property in question.
10. That approval of ;he requested waivers would be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in which the property is
located.
11. That six people spoke at the public hearing in opposition to the proposal; that a
petilion containing 16 signatures in opposition was submitted at the public hearing; and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a three-unit apartment building on the same
property as an existing two-unit apartment building for a totai of five units with waivers of (a) minimum
dimensions of vehicle accessways, (b) minimum dimensions of parking spaces, (c) minimum number of
packing spaces, (d) minimum building site area per dwelling unit, (e) required front setback, (fl required
structural setback, (g) minimum recreational-leisure area and (h) parking precluded from backing onto a
public street on a 0.1-acre, rectangularly-shaped property having a frontage of 47 feet on the south side
of Chestnut Street and a maximum depth of 158.44 feet, being located 220 feet west of the centerline of
Harbor Boulevard, and further described as 516 West Chestnut Street; and does hereby approve the
Negative Deciaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration togetfier with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby deny subject Petition for Variance on the basis of the aforementioned findings.
CR3802PK.DOC -2- PC99-195
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 8, 1999.
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C IRPERSON PRO TEMPORE,
A HEIM CITY PLANNING COMMISSION
ATTEST:
SEC ETAR ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AN~4HEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on PJovember S, 1999, by the fotlowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
VANDERBIL7,
NOES: COMNIISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this [L" • day of
, 1999. .
~ lLLG~CGy~yt..r.ti.V L10'~iJ~
SEC ETAR , ANAHEIM CITY PLANNING COMMISSION
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