PC 82-66r'^~
RESOLUTIOI! N0. PC 32-G~
A RESOLUTIOP•I OF THE AtIAHEl~1 CITY PLAtdIJIPIr, COP1~11SSION
T~iAT PETITIOti FOR VARIANCE N0. 32G4 BE GRP'dTED
IJNEREAS~ tlie Anaheim City Planni~~g Commission di~i receive a verified
Petition for Variance from MARVIN At•1D SIiIRLEY NEBEPI~ 1~R0 tJewport Center Drive,
Suite 23n, iJewport Beach, California 92GG0, owner, FLOYD L. FARAMO~ 2555 E3st
Chap~ian, Suite 415, Fullerton, California 92G3t, agent, of certain real prop~rty
situated in tf~e City of Anaheim, County of Orange, State of California described
as:
LOT g AtlD 10 TRACT 3398 II•1 TtIE CITY OF A!~IAHEIt1, COUiJTYOF ORA!JGE,
STATE OF CALIFORNIA, AS PER t•tAP RECORDED ItJ f3001C 12'3, PAGES 47 AMD
48 OF 111SCELLA~dE0U5 MAPS, I~J THE OFFICE OF THE COUf•!TY RECORDER OF
SA 1 D COUIJTY.
WHEREFlS, the City Plarning Commission did hold a public hearing at the f.ity
Hall in the City of Anaheim on April 5, 1~32, at 1:30 p.m., notice of said put~tic
hearing fiaving been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consid.r
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection there~~ith; and
WliEREAS, said Commission, after due inspection, invr_stigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said heariny, does find and determine the following facts:
1. That the petitioner proposes waivers of the folloo-~ing to retain three
illegally established apartment units:
(a) SECTIOP~ 13.34.061.010 - f1inimum site area er dwelilin unit.
1200 s ft, required; 1077_ sq, ft.
existing.
(b) SECTIOtd 13.34.062.032 - Minimum floor area
700_ sq• ft, per dwelling unit required;
330 to 5+0 sq, ft. existing)
(c} SECTIOP~ 1f3.34,06G,012 - Ftlnimum number of arkin s aces
Z9 spaces: 1 covered and 11 o en required;
1~ enclosed spaces existing
Z. That the requested variance is hereby granLed on the basTs that the
three illegally established apartment units have been existing for at lea~t twelve
(12) years; that tf~e i I legal conversion tivas conducted ',y a prevtous property owner;
and that the units have had no detrimental effect on the surrounding area.
3. That the requested waiver (a) is hereby~ granted en the basis that the
condition is currently existing and similar requests have been grantPd tn the same
zone and vtcinity and denial would deprive subject property of the same privilege.
4. That the requested waiver (b) is hereby granted sub,ject to th~:
petitioner's stipulation at the public hearing that kitchen efficiency units shall be
PC~32-66
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installed in the two !2) bachelor units a~hich have no Icitchens and on the basis that
bachPlor units of this size have i~een previously granted in the same zone and
vicinity.
5. That tfie reGuested waiver (c) is hereby granted on the basis that the
illegal smaller units are considered as "baclielor or efficiency units" thereby
requiring less parking spaces and that evidence presented by the petitioner at the
public hearing indicated the two units are occupiecl by long-tir,~e elderly residents
who do not have vehicles.
6. That there are exceptional or extraordinary clrcumstances or conditions
appiicable to tfie property involved or to ttie intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
7. That the requested variance is necessary for the preservation and
enjoyment of a su6stantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
8. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in sucfi vicinity and zone
in which tl~e property is located.
9. That no one indicated their presence at said public hearing in
apposition; and tl~at no correspondence was received in opposition to the subject
petition.
ENVIROtdME1dTAL 111PACT FINDING: The Planning Director or his authorized
representative has determined that the proposed project falls a~ithin the definition
of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
NOW, ThIEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the follotiaing conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property In order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No.
1; provided, however,that kitchen efficiency units shall be installed in the
two (2) bachelor units which don~t have kitchens.
2, That the existing structure shall ::e brought up to the minimum standards of
the City of Anaheim, including the Uniform Ruilding, Piumbing, Electrical,
Housing, Mectianical and Fire Codes as adopted by the City of Anahelm, within
a period of sixty (60) days from the date herein,
3, That Conditions Nos. 1 and 2~ above-mentioned, shall be complied with prior
to final building and zoning inspections, or with tn a period of 6Q days
from the date herein, whichever occurs first.
BE IT FURTHER RESOLVEU that tfie Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance ~vith each and all of the c~nditions hereinabove set forth.
Shoutd any such condition, or any part thereof, be declared invalid or unenforceable
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by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
TI1E FOREGOIPIG RESOLUTIOtJ is signed and approved by me this Sth day of April,
t982.
I.~~a.~e~~ \` ~~
Cl1A I RI•1AN, APlAHE I 11 C I TY PLANt~ I N6 C011M I 5 S I ON
ATi'EST:
d~(GZ~ ~ ~a~~
SECRETARY, A'rJAHEIM CITY P AWtJING COMMISSION
STATE OF CALIFOP.NIA )
COUNTY OF ORAtIGE ) ss.
CITY OF AhJAHE1M )
I~ Edith L. Narris, Secretary of the Anaheim City Planning Commission, do
hereby certify tliat the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission hetd on April 5, 1932, by the following vote of
the members thereof:
AYES: COMt11 SS I ONERS: I3ARidES, f30UAS, FRY, fiERBST, KI NG
NOES: COMMISSIOiJERS: BUSNORE, t1C BURNEY
ABSENT: COP1t11SSI0NERS: NO~IE
ItJ WITNESS WHEREOF, I have hereunto set my hand this 5th day of April, 1982.
/n du-G!: . /~ <KEc~~
SECRETA Y,~AH[IM ClTY PLANNING COMMISSION
-3- PC32-66