Resolution-PC 2009-098RESOLUTION NO. PC2009 -098
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION
AND APPROVING VARIANCE NO. 2009 -04790
(944 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A attached hereto and incorporated herein by this reference; and
WHEREAS, the applicant requests a variance to modify the landscape setbacks
adjacent to a single family residential zone and parking and drive aisle standards to permit
additional parking spaces in the Residential Multiple Family (RM3) zone and the Anaheim General
Plan designates this property for Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 12, 2009 at 3:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed
variance and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Planning 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. The applicant requests a variance from the following Code Sections to modify the
landscape setbacks adjacent to single family residential zone and parking and drive aisle standards
to permit additional parking spaces:
(a) SECTION NO. 18.06.090.040
(b) SECTION NO. 18.42.030.0104
Minimum landscaped setback
(10 feet fully landscaped required
adjacent to single family; minimum 5
feet proposed adjacent to single family
residential)
Residential Parking Requirements
(18 x 8.5 foot parking stall, with double
striping with a 24 foot back up area
required; 18 x 8.5 foot parking stalls
overhanging into a landscape setback
area, with single striping, no wheel stops
and back up area provided by an existing
drive aisle proposed)
PC2009 -098
1. The variance pertaining to the minimum landscaped setback and parking and drive
aisle requirements is hereby approved because strict application of the Zoning Code would deprive
the property of privileges enjoyed by other properties under identical zoning classification in the
vicinity in that parking has been eliminated on State College Boulevard and Wagner Avenue and
has caused a burden on the property to provide adequate on -site parking for guest and residents.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Class 1 Categorical Exemption
in connection with the proposed Variance No. 2009 -04790 is adequate to serve as the required
environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby approve Variance No. 2009 -04790 subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. 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.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning
Code and any other applicable City, State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 12, 2009.
ATTEST:
CHAIRMAN, ANAH:IM ITY PLANNING CZ7 O
SENIOR 5 TARY, ANAHEIM CITY PLANNING COMMISSION
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PC2009 -098
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, Senior 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
Commission held on October 12, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009.
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
VARIANCE NO. 2009 04790
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is -two to five feet.
10820
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PC2009 -098
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION
1
The applicant shall make the following improvements in
accordance with Exhibit No. 8 of the October 12, 2009
Planning Commission staff report on file with the
Planning Department and shall submit photographs
demonstrating compliance to the Planning Division
Manager:
Remove the wheel stops for the new spaces to
allow the vehicles to overhang into the landscape
area and to allow a wider back up area for the
vehicles.
Plant one 15- gallon tree for every three new
parking spaces in the landscape area adjacent to
the new parking spaces.
Planning
GENERAL
2
Additional parking spaces shall be permitted to encroach
into the required 10 -foot setback area provided a
minimum 5 -foot wide landscape area is provided and no
wheel stops are installed so vehicles can overhang into the
landscape area. Plans in conformance with this condition
shall be submitted to the Planning Department for review
and approval prior to installation of any new spaces.
EXHIBIT `B"
VARIANCE NO. 2009-04790
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