PC 79-220,
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RESQLUTION l10. PC 7°-22!1
RESOLUT I ON OF TIiE A'IAHE I?1 C I TY PLA~IN t N; CO*1'11 SS i ~~!
THAT PETIT101J FOR VARIAtlCE NQ. 3tn~ BE GRAI7TED
NHEREAS~ the Anahelm City Planning Commission dTd receive a verified
Petitlon for VarTance from MARION R. MILLS A'~J R. JA!11tlE MILLS, 4~F. South Plutwo~d
Street, Anaheim~ Californla 92E04~ owners of certaln real property situated in tne
City of Anaheim, County of O~ange, State of Lallfornia described as:
Lot 19 of Tract 3149 as per map Recorded Tn Boo~ 12~ Pages 12 6 13
of MTscellaneous Maps tn the Office of the County Record~r of satd
Ceu~ty.
NHEREAS~ the City Planning tommisston did hold a puhltc hearTng at the City
Hall in the City of Anaheim on November 5. 1°7°, at 1:30 o.m.~ notice of said public
hearTng having been duly given as repuired by law and in accordance with the
provisTons of the Anaheim Municlpal Code, Chauter SP.03, to hear and consider
evTdence for and agaTnsi said prooosed variance and to inve~tlqate and mal:e `indings
and recomme~dations in connection therewi[h; and
1~INEREAS. said CortmissTon, a`ter due inspection. investigatton and study made
by itself and In its behalf~ and afcer due consideration of all evTdence and repores
offered a[ said hearing, does find and decer~lne the following facts:
1. That the petitioner proposes walver of the following to retain an
ilieaal garage conversion:
SECTION 1?.26.056.011 -"1lnimum number of enclosed parktn s aces.
2 requ red; none cx sttna
_ That tfie ~bove-mentioned walver ts hereby grante6 an t~e basis tF~at
there is an existing cxtremciy lona driveway with adequate on-cite parking for 3 or
more vehlcles and that the petitToner stipulated at the puhiic heartnq to parktng all
his vehtcles on the driveway and that a deed restrictlon or covenant. as approved by
the Lity Attorney's offlce, ~+ould be recorded provTding that uoon sale of the
property, the garage shall be reconverted to usable automobtle parkTna soaces.
3. That there are exceptTonal or extraordinary cTrcumstances ^_r condi[tons
applTcable 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 vicTnlty anA zone.
4. That the requested variance is necessary for the preservation and
enJoyment of a suhstantial property riaht possessed 6y other prooerty in the same
vlcinTty and zone~ and denled to [F.e property in auestlon.
5. That the requested varlance w111 not 6e matcrT~lly detrlr~ental to the
pubite reelfare er inJurlous to the oroperty or imorovements tn such vicintey and zone
In which the property is located,
Qc79-220
6. That no one (ndicated thelr presence at said publlc hearing tn
opposition; and that no correspondence was received in opposition to the subJect
petltion.
ENVIRONME~~TAL IMPACT FINDING: The Planning Director or hts authorized
representative has determined that the proposed proJect falls within the definition
of Categorical Exempttons. Llass i, as deftned In Paragraph 2 of the City of Anaheim
Env(ronmental Impact Report Guidelines and is, therefore, categor(cally exempt fram
the requirement to prepare an EIR.
NOW~ THEREFORE~ BE IT P.ESOLVED that the P.naheim City Planning Commission
does hereby grant subJect Petition for Variance, upon the following condltions which
are hereby found to be a necessa n~ prerequtsite to the proposed use of the subJect
property in order to preserve thc safe[y and general welfare of the Citizens of the
City of Anahetm:
1. That thc existing structure shall be bPOUght up to the minimum
standards of the City of Anaheim, including the Uniform Bullding, P)umbing,
Electrical, Nousing, Mechantcat and fire Lodes as adopted by the City of Anaheim.
2. That subJect property shall be developed substantiaily in accordance
with plans and specificatiens on file with the City of Anaheim marked Exhibit No. 1.
3. That the owner of subJect property shall place on record w(th the Ctty
of Anaheim a deed restrictton or covenant approved by the Ctty Attorney~ providTng
that upon sale of the property~ the garage shail be reconverted to usable autanobile
parking spaces.
4, That Condition No. i, above-menttoned, shall be campl(ed Ht[h withln a
period of sixty (60) day. from date hereof, or such further tlme as the Planning
Commission may grant.
BE IT FURTHEP, RESOLVED that the Anaheim CTty Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predtcated upon
applicant's compltance with each and all of the candltions hereinabove set forth.
Should any such condition. or any part Lhereof, be declared invaltd or unertforceable
by the final judgment of any court of competent Jurlsdletion, then this Resolution,
and ar,y approvals herein contalned, shall be deemed null and void.
THE FOREGOING RESOLUTIOCI is slgned and approved by me this 5th day of
November, 1979.
ATTEST:
~~.~t~.~ ~
CHAIRMAN, AtiAHE1H CITY PLANNIt1G COMMISSION
~f ,~ ~.~.,
SECRETARY~ ANAHEIM CITY PLANNING COMMIS510N
-z- Pc79-220
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STATE OF LALIFORNIA )
COUtITY OF ORANGE ) ss.
CITY OF ANAHEIM )
1~ Edtth L. H~rris, Secretary of the Anahelm Ctty Planning Cormnission, do
hereby certTfy that the faregoing resotution rras passed and adop[ed at a meeting of
the Anaheim C1ty Planning Commisston held on November 5, 1~79, by the followTng vote
of the members thereof:
AYES: C~MMISSIO~IERS: BARNES~ BUSHORE. DAVID, FRY, HERBST, KIN!;
NOES: C6MHISSIONERS: NOI~E
ABSEtlT: COM!11SSIO~~ERS: TOLAR
19i9.
I~i 411TNE55 14MEREOF, I have hereunto set my hand this 5th day of Novcmber,
~ ;~ ,x_',~~,~:..
SECRE~AR , AHAHEIM CiT ~i1MING COMHISSION
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