PC 83-212RESOLUTION N0. PC83-212
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3350 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from ALFREDO SILVO CEBALLOS, ET AL., 428-1/2 South
Melrose Street, Anaheim, California 92805, owner of certain real property
situated in the City of Anaheim, County of Oranye, State of California
described as:
LOTS 23 AND 24, BLOCK B OF THE LAIRD SUB DIVISION AS
RECORDED IN BOOK 7 PAGE 12 OF MISCELLANEOUS MAPS~ IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY~ STATE OF
CALIFORNZA.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 31, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as requited by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed variance and ~o
investigate and make findings and recommendations in connection therewith;
said public hearing having been continued to the Planning Commission meeting
of November 14, 1983; and
WSEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
(1) Petitioner requests waivers of the following undec authority of Code
Section 18,Ofi.0II0 to retain an illegal residential addition to an
existing detached single-family dwelling unit:
(a) SECTION 18.06.040.010 - Minimum vehicular accesswav.
(25-foot turnina radius required;
21-feet proposed)
(b) SECTION 18.06.050.011 - Minimum number and tvpe of parkin s aces.
AND 18.?7.066.010 {g spaces with 4 covered required for two
detached dwelling units; 4 spaces with
2 covered proposedi
(c? SECTIONS 18.27.061.Oi0 - Minimum lot area aer dwellina unit.
AND 18.34.020.010 (5000 sa. ft, required; 3187 sq. ft. existing)
(d) SECTION 18.27.062.020 - Maximum lot coveraae.
(e) SECTION 18.27.062.030 - Minimum floor area.
(1225 sq. ft. per dwellin unit required;
7A2 sa. ft. proposed)
(f) SECTION 18.27.063.012 - Minimum landscaped setback.
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PC83-212
(g) SECTION 18.27.063.0'l0 - Minimum sidevard setback.
2. That the above-requested waivers (d), (f) and (g) were deleted
by revised plans submitted by the petitioner.
3. That the above-mentioned waivers (a), (b), (c) and (e) are
hereby granted o the basis that the residential structures are existing and
on the basis that the addition will add two parking spaces and that thece are
special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other idenkically
zoned properties in the vicinity; and th~t strict application of the 2oning
Code deprives the prooerty of privileges enjoyed by other properties in
identical zoning classification in the vicinity.
4. That there are exceptional or extraordinary circumstances or
conditions applicable 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 vicinity and zone.
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substantial property right possessed by other
property in the same vicinity and zone, and denied to the property in quastion.
6. That the requested vaziance, as granted, will not be materially
detrimental to the public welfare or injurious to the property or improvements
in such vicinity and zone in whi.ch the property is located.
7. That one person indicated his presence at the October 3, 1983
public hearing in opposition; and that no correspondence was received in
opposition to subject petition.
ENVIRONMENTAL IMPACT FINDI[7G: That the Anaheim City Planning
Commission has seviewed the proposal to retair. an illegal residential addition
to an existing detached single-family dwelling unit with waivers of minimum
vehicular accessway, minimum number and type of parking spaces, minimum lot
area per dwelling unit and minimum floor area on a rectangularly-shaped parcel
o£ land consisting of approximately 6,375 square feet located at the northeast
corner of Santa Ana Street and Melrose Street, and further described as 428
and 428-1/2 South Melrose Street; and does hereby approve the Negative
rz~iaration upon finding that it has considered the Negative Declaration
togethe-_ with any comments received during the public review process and
further finding on the basis of the Initial Study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, s~ IT RESOLVRD that the Anaheim ~ity Planning
Commission does hereby grant subject Petition for Variance, upon the following
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 plans shall be submitted to the Building Division showing
compliance wikh the mini:num standards of the City of Anaheim,
including the Uniform ~uilding, Plumbing, Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
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".,:+, 2. That the existing structure shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building,
,i';~; Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
' 3. That prior to issuance of a building permit, the appropriate traffic
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' siynal assessment fee shall be paid to the City of Anaheim in an
amount as detecmined by the City Council for each new dwelling unit.
~' 4. Thak subject pcoperty shall be developed substantially in accordance
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, witl plans and specifications on file with the City of Anaheim
~' mark~d Revision No. 1 of Exhibit No. 1, showing two detached
~t~'~ dwellings.
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~, 5, That Condition Nos. 1 and 3, above-mentioned, shall be completed
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~.: within a period of 90 days from the date of this resolution.
~x.:~ 6. That prior to final building and zoning inspections, Condition Nos.
2 and 4, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
pcedicated upon applicant's compliance with each and all of the conditions
hereinabove set fotth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE EOREGOING RESOLUTION is signed and approved by me this 14th day of
November, 1983.
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CHAIRWOMAN,.~NAHEIM CITY PLANNING COMMISSION
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ATTEST: ~
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss.
CITY OF ANAHEIM )
I, Edith L. Harris, 5ecretary of the Anaheim City Planning Commission, do
hereby certify that the focegoing resolution was passed and adopted at a
meeting of the Anaheim City Planninq Commissiun held on November 14, 1983, by
the followin9 vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ FRY~ HERBST~ KING~ LA CLAIkE~ MC BURNEY
NOES: COMMISSIONER~: BUSHORE
ABSENT: COMMISSIONERS: NONE
Itv WITNESS WHEREOF, I have hereunto set my hand this 14th day of
November, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC83-?.l2
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