Resolution-PC 95-85~;~~ ~
HE501. TIf~tJ NQ._P_~95~-85
A RE50LUTION OF THE ANAI-IEIM CITY pIANNING COMMISSION
AM~NDING R~SOLUTION N0. PC95-35 AD4P1'ED IN Cl7NNECTION WITH
VARIANCE N0. 4269
Tt~ F~PPROVE TI-IE F'ROPOSED WAIVERS
WHEREAS, ~n September 24, 1990 ~uilding Permit No. 39125 was issued by th~ Building
Division for a bonus room and bath Aver the garage as an a~cessary use to the oxisting :i~bedroom
residance locatnd an the east sid~ af Wainut Streot, approxim~toly 300 feet suuth of the centerlin~ of v~~tor
Street and further d~scribed as 122 Sauth Walnut Street; and
WMEREAS, subject pro~erty is currontly develnped with a 3-bocJroom, 2-story, single f~mily
residence and a detached two-story, 3-c~r garage wftt~ a 590 sq.ft., 1-b9druom apartment (praviously ~
banus raam) an the ser,.ond flaor; and
WHEREAS, on 9Vtarah 2Q,1995 the Planning Commfssion d~nled Variance N~. 4269 (propasing
to r~tain a 590 sq.ft. one•bedraoiY~ apartment abovQ the detached 3-car garago with waiver of minimum floor
area [700 5y.f~. required fnr a one-bedroorn apartment, 590 sq.ft. existing and prnposed], mii}imum structura~
setback [9 feet rpqufred from na~rth property line, 5 feat exlsting and proposedJ and rrdnimum number of
parking spaces [5 required vrith minimum 4 aovered, 4 exist(ng and proposed with 3 covered]) due to
noic~hborfi~oti cancerns rer~~rding aroa-wide density and parking problems; and that no further action was
taken by thA City Council; and
WHEFiE,AS, an Aprli 5, 1995 petitionor indicated, in a mpmorandum, plans to removo an
interior wall thereby eliminating the separata bedroom from the apartment above the garage and converting
th4 apartmant to ~ bachslor unit, and io impns~ a 1-car restrict(~n for the baahelor unit ther;.hy alleviating
the n~ighborhood density and parking concorns rais~d at the March 20, 1995 Planning Cammission; and
Wl~IERERS, the City Planning Cornmission did hnld a public I~earinc~ at the Civic Centor in
thQ City of Anaheim an July 24, 1995, at 1:30 ~~.rn., notfce af s~id public hearing having boen duly yiven
as requireci by law and in accorclanco with tiz~ ~rovisions of the ~naheim Municipal Gode, Chapter 18.03,
to hear anc~ ~onsider evidonce far and against s~icl propased amendment and to investigate and make
findings arid recommenciat(ons in connection therewith; and
WHEREAS, said Commission, aft~r due inspection, investigation an~ study macfo by itself
and in its behalf, and after due consideration of all evidence and reports off~red at ~id hearing, does finc!
and determinca the fullawing facts:
1. That the petitfaner requasts waiver of the follawing to cons4ruct ~ 590 sq.ft. bachelor unit
above a detached 3-car garage:
(a~ ~e~tions 18.32_0~0•032 - Maximum numb~r of b~chelor units.
n,~ d 18 ~R p20.U2Q ~20'/ maximum; 5Q% proposed)
(b) SectiC~ns 1~~ 063.020.022 - Minimtim str~ctural setk~ack.
and 1~.~OA2942Q f et requfred from north property 1(ne;
5 fg,et exfsting)
CR2437nM.Wp -1 • PC95-a5
~
7.. That the pro~~osed bachel~r unit comp{ies with tho required fioar are~ (minimum 550 sq.tt.)
and overall numt~er of parkinr~ G tlaWA~vers of miri mum floora 6aland mn irmumt umbEr aflp~sking spaces;
ong-bedroorn unit which require
3, Th~t thero are speclal circumstances applicable to the property su~h as sfze, ~ha.nQ,
Yc~pagraphy, loc~,tion ar ~urraundin~s, which c1a not ap~ly to oth~r identlcally zor~d prop~rtles in tho
vi~inity;
4. 7hat str~ct appliaatlan of the Loniny Cc~de deprives the property of ~rivil~gos en;oyed by
~~'~sr ~roperticas und~r identical zoning classificatlon in ~the ~~icinity hecause a number of similarly-sized I~~s
in tha neigl~borhood cont~,in two or mare dwalling units; and
~. 7hat or~~ p~rs~n indlcated his presence at said pub~ic hearing in opposition; and that
corras{~ondence w~s recoived in oppaaitfon to thH subject petition.
~AL ~~ RNIA ENVIRQNMcNT,~ai n~ ~Ai ITY A T f~INaIN,~,: That the Anaheim ~ity Planning
Com,~is3lon has reviAwed the proposal and does he~eby find that the Negative Declaration previously
~pproved !n connaction with Variance No. 4?_69 is adequate to sarve as ti~e requf~~ed ~nvirunmental
docur~entatioi~ in conne~tioii with tr~is request upan finding that the deciaratlon refl~cts the indopendent
judgem~nt of the lead agency and 2hat ft has considered the Negative Doclaration togothsr with any
;,omments recEivod during the public revle~~v process and furc~~er finding an the basis ~f tho initial study
~nd any com~iiants received that thsre is na substzntial evidenc:~ that th4 project will have a significant
effec'~ on the onvirnnment,
NOW, THEREFORE, BE 17 RESOLVED that the Anahefrn City Pianning Cornmission dass
h~reby amond Resolutfon No. PG~S-35 thereby reversinr its prevfous denial arid approving sunject requsst,
upon thQ ~oilowing carzditio ~s~er tQ a seNe the safety and gene al we fare r~f thetCitizens of heS ~ity of
of the subject property in a p
Anaheim:
t, That the petitioner shall obtain all nacessary bufl~Ing parmits fram the Building C'~visfon.
2. That the appropriate traific sic~nal asses~mer~t fee shall be paid to tne City of Anaheim in an amount
as establi~hed by City Cour~cif Resolution.
3. That t~ ie ap~ropriate park a~ d Council f~e ol~i ion.feP~ shall be paid to the City of Anaheim in an
acnount as establi.~hed by C y
4. Th~t tho developer ahall pay a traffic ~nd transportation improv~ment fset to th~ City ~f Anahoim,
Traffic EnginQerfng qivisiann ~no~at on~mprovements wit in this a~ea impac eidtby this proj ctWilSaid
used to fund traffic and tra sp
foe shall bo subjoct to adjustmenk by the City Council.
5. That the thre~ (3) garage sp~c~s shall be used iur parkir~g purpases only and shall not be usecJ for
storaga or living aroa or any other non-parking use.
6. 'i'hat subject proparty shaA be doveloped substantfally in accordar~ce with plans and specifications
submftted to the City of Anaheirr~ by the petitioner and which plans ar~s ~n ffle with the Pianning
Department marked Exhibit Nos. 1 and 2.
7. 7hat the awner of sub~oct prop~~ty shall Itmit the numt~er of vehi~les utilized by the oGC~.ipant(s) of
the bachelor unit to a maximum of one (1) vehicie.
-2- PC95-85
8, That Canditian Nos. 'I through 6, above•mentioned, shall be complet~d w(thin a period of thirty (3~J)
days frnm the date of this resolution. ~xtonsians for further time to complet~ said conditions may
be granteci in accordance wirh Sectlon 18.03.p90 of the ~1r~aheim Municipal Code.
9, That all parking shall t~ke place in designated parkfng aroas.
10, 7hat the owner/developer shail pay for the cost of monthly Code Enforcement inspections if ~ioemed
neC~ssary by tha Code ~nforcoment Dlvisfon.
11. That approval of this applicati~n constituies approval of th~ proposed request only t~o the extent that
ft campiles with tl~e Anaheim Municipal Zoning Code and any other applicable City, :~tate and Federal
regulations. Appraval does not include any action or findings as to compliance or approval of the
request regarding any other applicabi~ ardinance, regulation or requirement.
BE IT FURTHER RES4LV~D that the Anahe(m City Planning Commissfon does hereby find
anci determina that adoption of thfs Resolution is expressly prodicated upon applicant's compliance with
each and alt of the conditions hereinabove sot torth, Should any such condfklon, or any part theroof, be
declared invaiid ar ur~enforceable by the fifn~t judyment af any court af competent Jurisdiction, then this
Resalutian, and any approv~ls here(n contained, shali be deemed null and v~id.
THE FOREGOING RESQLUTI~N was adopted at th I ning C~ issian meeting of July 24, 1995.
, ..o......,.,~,
A~TINf~ C:HAIRMAN y
ANAHEIM CI7Y F'LANNI G C~MMISSION
ATTFST:
.~,.~ 'I t~~Q~e~-P
SECRETARY, NAHEIM CITY PI.ANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHkIM )
I, Margarita Solario, Secretary of th~ Anaheim City Planning Commission, clo heroby certify ~hat
the for~gaing resalutfon was passed and adopted at a meetinc~ of tlie Anaheim City Planning Commission
hald on July 2h, 1~95, by the following vote of the members theroof:
AY~S: COMMISSIUNERS: BOS7WICK, HENNING~R, INE~SE
NOES: CUMMISSIOIVERS: PERA7A
AE3SENT: COMMISSIONERS: BOYDSTUN, MAYER
VACANT: 4NE S~AT
IfV WITNESS WHEREOF, 1 haue hc~reunto set my hand this v~'~~' day of ~~~ ,
1995.
~~J~CU~~ rz~;~ ~~n,~
SECRETARY, NANEIM CITY PLANNiNG COMMISSION
-3- PC95-f35