PC 80-242~
RESOLUTI011 N0. PC o0-242
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A RESOLUTIOfI OF THE At9AHEl~i CITY PLA!!tllhlG COt11115Si0FJ
TtiAT PETITIO(J FOR VAP,IANCE F10. 31~3 DE GRAl17ED
WfiLREAS, the Anaheim Gity Plannin9 Commission did receiv~~ a verified
Petition for Variance from RODERT C. VELTRI AtID FRA!IZ/1 R. VELTRI, 227 flillcrest
Street, Anaheim, California ~23~7, a•mers of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
Parcel 7, in [he city of Anaficim, Coun~y of Orange, Statc of
California, as shown un a ma~ filed in book 7G, pa~es lf2~ ~i3 and
~i4 of parcel maps, in the office of the County Recorder of said
County ,
WIiERE/1S, the Gity Planning Commission did 'nold a public hearin~ at the Civic
Center in the City of Anaheim on December 1~, 19Ei~, a`. 1:3~ p.m., notice of said
public k~earing having been duly given as required by law and in accordance oiith the
provisio~s of the M af~eim Flunicipal Code, Chapter li;.~3, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and reco:nmendations in connection therewitfi; and
WfIEREAS, ~~id Corrmission, Jficr duc inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at saicl heari~g, does find and determine the following facts:
1. That the petitioner proposes waivers of the folloo~ing to retain two
dwelling units on a RS-7200(SC) (Residential, Single-Family - Scenic Corridor
Overlay) lot:
A. SECTI01~ 13.26.02~.010 - Pernitted primary uses.
(one dwellinq unit permitted;
[wo dwellin9 units existing)
B. SECTI011 1£3.26.OG2.03~ - Minimum floor area.
122; square feet per unit required;
9 squarc fee[ existing)
C. SECTI0~1 13.26.OG3.01~) - Minimum front yard setbar,l:.
25 feet required;
fTi- eet existing)
D. SECTIO~~ 18.26.~G3.030 - Minimum rear yard setback.
10 feet requi red;
3~et existin,)
E. SECTIOMS 1S.2G.061~.110 - Maximum fence heiqht.
and tu,O~.Qi3.~ ~ f2 incties perm~tte in tl,e front setback;
~ e~ ei existin9)
F. SECTI011 13.2b.06G.011 - Minimum nun~ber of parking spaces.
(4 enctosed s aces required;
enc ose sp^ces existing)
PC80-242
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'L. That the propusedti•iaivers are hereby granted subject to the fcllowiny
stipulations maJe by the oetitioner a[ the public hearing:
A. That :he accesso ry ckrelli~g (originally i bath-house) shall be useJ
only for a period of [aro (2) years, with the kitchen facillties to be
removed at tl;c end of that tr~o-year perioJ, or upon sale of the
property, ~•~fiichever occu~s firse. A time extension may be granted by
th~ Planning Comnission if reques[ed in wri[in9 by thc current property
oe~ner.
E3. That the accessory ci~ielling shall not be rented or sold as a separate
unit and there shall not be a lot split of this property.
C. Thac the property a•rner shall execu[e a covenant approved by the Lity
A[torney's Office and shall record it wi[h the Orange Coun[y Recorder.
Said covenant shall specify tliat tfie accessory dwelling (bath-house)
canno[ be used as a se~+aratc d•rc)lin~ unit.
D. That the property avner shall take mi[igating measures to adequa[ely
handle the drainage problen af runoff water fron his pool, decking, or
other improvemcnis in order to preven[ drainagc onto adjoining
properties. Said rkausr~s sfiaiT be compieted within six[y (6~} days
from [he date herein.
3. That there are excep[ional or ex[raordinary circumstances or conditions
app~icable io the property involved or Lo thc in[endeJ use, as granted, of the
property that do not appl~ gencrally to the proncrty or class of use in thc same
vicinity and zone.
4. That the requested variance, as granted~ is necessary for the
preservation and enjayment of a suhct~nr~:~) prnn~rL~~ ri~,hL rasSCSSed b~ a~lzer
property ~n the same vicinitY and zonc, and denied to the property in question.
5. That the requesteJ variance, as 9ranted, will not be materially
detrimental to the publicwelfare or injurious to [fie property or improvements in
such vieenity ~:~d zone in which the property is located.
6. That 2 persons indica[ed [heir ~resence at said Public hearing in
opposition; and that no correspondence was received in opnosi[ion to Che subjecL
petltion.
EIIVIROtJMEt~TAI IMPACT FIttUING: Tha[ the Anahcim City Planning Commission has
reviewed the proposa ta reta~n ri•ro (2) clwelltng ~nits on an RS-7200(SC)
(Residential, Single-Family - Scenic Corridor Overlay) Zone lot with waivers of
permitted prima ry uses, minimum floor area, minimum front yard setback, minimum rear
yard se tback, maxinurn fence Iieiglit and minimum number of park(ng spaces on an
irregula rly-sliaped parcel of land consisting of approxima[ely 0.35 acre, having a
frontage of apprvxin~ately 2t;~) feet on the northwestcrly side of liillcrest Street,
havin9 ~ maximum deptli of approximately 1~1 feet ancf being IocateJ approximately 1~0
'2' PC80-242
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feet west of the centerline of La Paz Street (227 I{illcrest Street); and does hereby
approve the Nega[ive Ueclaration from thr, requirement [o prepare an environmental
impact reror[ on thc basis that there orould be no signlficant individual or
eumulative adverse environmental ii,ipact due to the approval of this fJegative
Declaration since the Anaheiro General Plan designates the subject property for
hillside lar~ density land uses cummensurate o-iith the proposal; that no sensitive
environmental impacts are involved in tiie pro~osal; tha[ the Initial Study submitted
by the petitioner indicaCes no significant indiviJual or cumulative adverse
environmen[al impacts; and tliat [he I~ega[ive Declaration substantia ~n~ the foregoing
findings is on filc irs [he City of linafieim P)~nni~g Departme~t.
fJOtJ, TIiEREFORE, E3E IT RESOLV[D that tfie Anatieim City Planniny Commission
does hereby grant subject Peti[ion for Variance, upon the following conditions ~~Fiich
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preservc the safety and general welfare of [he Citizens of the
Ci ty of Anaficim:
1. That subject property shall be developed substantially in accerdance
with plans and specifications on File witti [he City of Anaheir~ marked Exhibit No. 1
and 2.
Z. That th~ existing converted ba[hhouse sha11 be brought up to the
minimur.~ standards of ihc City of Anatieim, including ihc Uniforn fluilding, Plumbing,
Electrical, {iousing, Flechanical :~nd Fire Codes as adopted by the City of Anaheim.
3. That the accessory eL~rellin9 (originally a bath-house) shall be used
only for a period of [wo (2) years, witt~ the ki[clien facilities to be rer,ioved at the
end of that twmyear period, or upon sale of the property, ~rhichever occurs first. A
time extension may be granted by tne Plannin~ Conmission if requested in writing by
the current property owner.
~+. That the accessory wieiling shall not be rented or 5~1d as a seoa~ate
urti t ar;: Lt~c~e siia i ~ not be a lot sp f i t of th i s property.
5. That the property avner shall execute a covenan[ approved by Che City
Attorney's Office and sliall record it o-~itt, the Orange County P,ecorder. Said covenant
shall specify that the accesso ry• dwelling (batf~-house) cannot be used as a separate
dwelling unit.
~• That tt~e propcrty owner shall takc mitigating measures to adequately
handle ttic drainage problem of runoff water from nis pool, decking, or other
irt:provements in ordcr to prevent Jrainage onto adjoining properties.
/. That Condition Nos. 1, 2, 5 and 6~ above-mentioned. sha11 be
complied arith wi[hin a period u.` sixty (60) days from the date herein, unless
otherwisc aaproved by the Plarning Commissirn.
BE IT FURTHER RF_SOLVED tt~aC the .Maficim Ci[y Planning Cortmission does hereby
find and de[crmine ttia[ aJoption of this Resolutic,n is expressly predicated upon
appltcant's compliance vritli eacli and all of ttie conditions hereinabove set forth.
Should any sucli condition~ or any ~ar[ [hereof, !~e declared invalid or unenforceable
by the final judgn~ent uf any court of coripetent jurisdiction, then this Resolution,
and any approvals tierein cont~ined~ shall he deemed null and void,
-3- PC8o-2=+2
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TFIE FOREGOItlG RESOLUTIOtd is signed and approved by me this 15th day of
December, 1g80. ~
V
CHAIRIAPI, ANAHE111 CITY PLANtJING COMhtISS U~
ATTEST:
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SECf~ETARY, At~M CIT~ tJNID1G COMMISSI0~1
STATE OF CALIFORtlIA )
COUfJTY OF ORAIJGE ) ss.
CITY OF APlAHEIM )
I, Edith L. Ilarris, 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 Ccmmission held on December 75, 1930, by the following vote
of the merrbers thereof:
A1'ES: C011MISSIOtdERS: E3ARPJES, DOUAS, BUSHORE, FRY, I:ING, TQLAR
NOES: COMMI SS I OIdERS : tJ01dE
ABSEtJT: COh1MISS IOIJERS: HERE3ST
IN WITNESS WNEREOF, I have hereunto set my hand this 15th day of December,
t98o.
~JL!_1''~G ,~~~~.~
SECRETAP,Y, ANANEIM CIT PLANNIP~G COMMISSION
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