PC 80-47RESOLUTIO~~ N(1. PC 'i~-4
A RESOLUTION OF TFI[ ANANEI!1 C~TY PLANNIHG COHHISSIO~J
THAT PETITIQM FOR UARIAMCf 110. 317.2 ~E GRANTE~, IN PART
41HEREAS, the Anatieim City Planning Commission clid receive a vertfied
Petition for Variance from ANGFLO AhID IREIJE ~1/1N~lI, 3403 41est Thornton Avenue,
Anaheim, California 92pOlf, and GEORGE h. AHD LINDA L. S/~.QAGHIANI, 70~ Ilorth iiarbor
Boulevard, Anaheim, California 92E05, o~m ers, and LFSTER I.. CARDE!1, JR., 91~s West
Lincoln Avenue. California 92f3~5, agent, of certain real property s(tuated in the
City of Anaheim, County of Orange, State of California descrihed as:
Lots 12 and 13 of Tract 10~8, in the City of Anaheim, as per map
recorded in book 3~~ pages t and 2 of "liscellaneous Haps, in the
office of the County Recorder of said County.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on PJovenber 1~, 1~7~, at 1:3~ p,m., notice of said
publ9c hearing having been duly given as required by la~~ and in accordance wtth the
provisions of the Anaheim Municipal Code, Chapter 1Si.p3, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection there~•rith; said publtc h~earing having been
continued to the Planning Commission meeting of March t~, 19£30, and
WHEREAS, said Commisston, after due inspection, investigation and study made
by itself and in its behalf, and after due consideratton of all evidence and reports
offe:ed at said hearing, does find and determtne the following facts:
1. That the petitioner proposes waivers of the followino to retafn five
existing apartments~ including illegal garage conversions:
(a) SECTlOP! 18.26.q1.0.010 - Permitted rimar uses and structures.
2 single-family d~~~el ings oerm tte ;
dwelling untts existing,
(b} SECTIO?1 lEi.26.O51.Q11 - Minimur~ lot area per dwellinq unit.
7200 s uare eet requTred;
3712 square eet existin9)
(c) SECTIOPI 1E,26,062,030 - Hinimum fioor area er da~elling unit.
1225 square eet requ red;
$Z , 11;1 and ltf~t square feet proposed)
(d) SECTION lR,?(,.p6(.~10 - Minimum number and type of oarking spaces.
2~ soaces - enclosed in a qarage required;
open spaces proposerl
2. That the ahove-mentioned i~aivers are hereby c~ranted to permit two(2)
du~lexes (4 apartments on 2 parcels) on the basis thai thc petitioner demonstrated
that a hardship exists in that the structures are ext~tin~ and were constructed prior
to annexation of subject property to the Clty of Ainaheim.
rC.',~-',7
3. That the proposed variance is hereby c~ranted subject to [he
petitioner's stipulation to construct a solid ~,iall bet~~een ttie hedrooms of the
converted garage on the easterly parcel and to add those t~.ro bedro~ms to the existing
adjacent apartments and to modify the er,terior of said converted qara9e in order that
there shali be no access to the outside from tnose bedrooms in order to prohibit
future renting of those rooms as a third ~n~ separate unit on said ~asterly oarcel.
~. That there are exce~tional o- extraordinary circumstances or eondiLions
applieable to the property invoived or to [he inten~~~ use, ~s granted, o` the
property that do not aoply yeneraliy to the oronerty or r_1.,ss ~f use in t5e same
vicinity and zon~,
5. That the requested variance, as granted, is necessary for the
prescrvation and enjoyment of a substantial prnperty ri~ht possessed by otfier
property i~ the same vicinity and zone, and dAnied to the or~p~rty in qucstion.
6. That the requested variance, as granted, r~ill not be materially
detrimental to the public welfare or injurious to [he property or im~rovenents in
such viclnity and zone in ~ahich the property is located.
7. That four (4) persons indicated their presence at the publtc hearinq on
Movember 19~ 1?79, eleven (11) pNrceR~ 3; thc hearing on February i1, ta~~~ and
eleven (il) pers~ns at the fiearin' on .'larch ln, 1n;n, in opposition; and that no
correspondence was received in opposition to the suhject petition.
E'JVIRONMENTAL INPACT F1~lDItJ,: That thc Anaheir~ City PlanninG Corv~ission has
reviewed the proposa to retain extstine~ duplexes and illeg~l n~ranc conversions wTth
waivcrs of pcrmitted primary usPs and struciures, ninimun lot area per dwelling unit.
minimurn floor area per dwelling unit. and minimum number and tyne of p~~{;i~9 spaces
on a rectangularly-shaped parcel of land consistina of a~proximately 14,L~5~ square
feet, having a frontage of aoproximatelv 11~ f~et on thF nnrth ~t~+n „c r~
Aver~ue i~avin~ arntcr
. ~ a maximum deptf~ of approxlmately 1;5 feet and heina located
aoproxtmately 675 fcet east of the centerltne of Knott Street; and does hereby
approve the Negative Declara[ion from the requirc~ent to oreoare an environmental
tmpact report on the 6asis thi: there ~•~ould he no siqnificant fndivldual or
cumulative adverse environmental imnact due tc the approval of t!~is '~eqative
Declaration since the Anaheim General Plan dcsiqnates th~ suhJect prooer[y for low-
density residential land uses cor:x~ensurate a~ith the proposal; that no sensftive
environmental impacts arc lnvolved in the proposal; that the Inttial Study submitted
by the petitioner indtcates no si~nificant tndividual or cunulatlve adverse
environmental impacts; and that [he Ne4attve Declarotion substanttating the foregoing
findings is on file in [he City of Anahein P1annlnq Department.
NOIJ~ TNEREFORE, BE IT RESOLVEQ that the Anaheim City Planning Corrniission
does hereby gran[, in p~rt. subject Pe[ition for Variance~ upon th~ following
conditions which are hereby found to be ~ necessary prerevuisite to the proposed use
of the subject propcrty in ordcr to preservc thc safety and ~encr~l r~elfare of thc
Citizens of [he Ctty of Anahaim:
1. That the existin~ struc[ures shall be brouoht up to the minir.~m
standards of thc Cit~~ of Anahcim~ includin~ thc Uniform BuTld(~q~ Plumbinn~
Electrical~ liousing, Mechantcal and Fire Codes ~s acioptecl by !he City of Anaheln,
-. - or~n_1~~
F:: .
2• Plans shall be submitted to the i~uildinn Division showing compllance
wlth thr_ nir,imum standards of thn_ C.ity of Anahcim, including the Uniforrn Building,
Plumbing, Electrical, Horsing, Nechanical and Fire Codes as ad~pteci by the City of
Anahein. ThA appropriate pr_rmits shall be obtainn_d for any necessary ~•~ork.
3• That subje,.` propcrty shall be developed substantially in aeeordanca
with p~ans and specifications on file ~olth the City of Anaheim marG;ed Exhibit Nos. 1
through 5.
4. That the fence seoarating the t~JO sutject parcels shall be removed to
provide additional shared parkin~ soaces and the area shall be appropriately
landscaped and rwintained.
5. That Londition ~7os. 1, 2, and 3, above-mentTon~d~ shall be complied
with prior to final huildinq and zoning inspections.
BE IT FURTNER RESOIVED that rtie Anahetr~i City Planning Commission does hereby
find and determine that adop[ion of tf~is Resolution is expressly predicated upon
applicant's connliance ~•+ith each and all of the conditions hereinabove set forth.
Should any such condition~ o~ any part therr_of, be declared invalid or unenforceable
by the f;nal judgment of any court of comoetent jurisdic,ion, then this Resolution,
and an~ apFrov3's `~erein ccrsiained, sha~l he deemPd null an~ void.
THE FOREGOIt1G RESOL~1TIn!i is signed and approved by me this 1Qth day of
March~ 1A30.
~Q~~ . ~~
C~A I RLIOMAPI, AlIAHE I~C 1 TY LhNM I N C~h~M i SS I ON
ATTEST:
.~ ~a~c~.:.
SECRETA Y, ANANE I!1 C I i Y PLAHp I~IG COMM 1 SS 10"1
STATE OF CALIFORtlIA )
COUNTY OF ORA-IGE ) ss.
CITY OF ANAHEIP! )
I~ Edith L. Harris~ Secretary of the Anaheim City Plannin9 Commission, do
hereby cer[ify that the foregoing resolutton was passed and adopted at a meeting of
the Anaheim Ci[y Planning Commission held on Ma n•h in~ 1~$Q~ by the following vote af
the members thereof:
AYES: LOMMISSIQNERS: BAR~~ES. DAVID~ FRY, HER85T, KI~lG, TOLAR
NOES: COMMISSIONERS: RUSNORE
ABSENT: C011M15510'~ERS: N(1NE
I'I llITNESS WHERFOF, I havc hercunto set my han~ thi; i~th day of March,
1~80.
t ~c.c..~,~ ~ ~~~. '
SECaF.TAR , AP!AHEIN CIiY LAM`(It~6 C~r1MlSS10N
-3- PC90-~~7