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Resolution-PC 2011-041A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DENYING VARIANCE NO. 2011-04845 (DEV2011- 00014) (1658 WEST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for Variance No. 2011 -04845 to add a second story apartment unit to an existing 3 -unit apartment complex with reduced setbacks and less parking than required by Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ". attached hereto and incorporated herein by this reference; and WHEREAS, this 0.19 -acre property is developed with a 1- story, 3 -unit apartment complex. The property is located in the RIVI -4 (Multiple Family Residential) zone and the Anaheim General Plan designates the property for Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 23, 2011, at 5:00 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 18.60, to hear and consider evidence for and against said conditional use permit and variance to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission does further find and determine that the request for a variance to add a second story apartment unit to an existing 3 -unit apartment complex with reduced setbacks and less parking than required by Code should be denied for the following reasons: SECTION NO. 18.42.040.010 SECTION NO. 18.06.090.030 RESOLUTION NO. PC2011 -041 Minimum number of t}arkinR spaces. (9 spaces required; 6 spaces proposed). Minimum interior setback. (20 -35 feet required adjacent to the south. east, and west property lines; 0 to 5 feet proposed). 1. The requested variance is hereby denied because the lot size and configuration is sufficient to accommodate the density being requested by the applicant without the need for setback and parking variances. 2. The requested variance is hereby denied because the applicant has not demonstrated that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity since other setback and parking variances have not been granted in the vicinity. 1 PC2011 -041 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny Variance No. 2011 - 04845. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. meeting of May 23, 2011. ATTEST: THE FOREGOING RESOL T ON wa -adopt STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) t the Planning Commission CHAIRMAN, AN IEIM CITY PLANNING COMMISSION l� (� 2dti- ti SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior 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 23, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: KARAKI, PERSAUD ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 23` day of May, 2011. SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2011 -041 1APN: 090 -631 -18 fl z -J EXHIBIT "A" DEV2011- 00014 W ORANGEWOOD AVE 72' 72' 3 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 11105 PC2011 -041