RES-2009-013RESOLUTION NO. 2009 013
A RESOLUTION OF THE CITY COUNCIL OF THE
CIITY OF ANAHEIM APPROVING VARIANCE NO.
2008 -04749
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for a variance to permit parcels having lot depths less than 120 feet adjacent to an arterial
highway. for that certain real property situated in the City of Anaheim, County of Orange, State
of California, as more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference: and
WHEREAS. the property is currently vacant and is located in the T (SC)
(Transition Scenic Corridor Overlay) zone; and the Anaheim General Plan designates this
property for Low- Medium Hillside Residential land uses; and
WHEREAS, Variance No. 2008 -04749 is proposed in connection with
Reclassification No. 2008 -00215 and Tentative Parcel Map No. 2006 -195 and requests approval
of a waiver of the following provision of the Anaheim Municipal Code:
(a) SECTION NO. 18.04.060.020 Minimum Lot Depth Adjacent to an
Arterial Highway
(120 -foot lot depth required; 5 120
foot lot depth proposed)
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 27,
2008. at 2:30 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, to hear and
consider evidence for and against said project, including Variance No. 2008- 04749, and, at said
hearing. did receive evidence and reports from persons interested therein and from its staff; and
WHEREAS, said Planning Commission, after due inspection, investigation and
studies made by itself and in its behalf and after due consideration of all evidence and reports
offered at said hearing. did adopt its Resolution No. PC2008 -107 granting Variance No. 2008
047a0_ and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council. asking the City Council
to reconsider approval of Variance No. 2008 -04749 requested by applicant; and
WHEREAS, thereafter. the City Council did set Variance No. 2008 -04749 for a
_le novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a
esuli thereof. the City Council does hereby make the following findings:
1. That there are special circumstances applicable to the property, including size,
shape. topography, location or surroundings. which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1) above, strict application
of the zoning code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Variance No. 2008 -04749 be, and the same is hereby, granted.
BE IT FURTHER RESOLVED that the Anaheim City Council does approve
Variance No. 2008 -04749 subject to the conditions of approval described in Exhibit "B" attached
hereto and incorporated herein 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 safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 he deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 13th day of January 2008, by the following roll call vote:
AYES'
NOES
ABSEN"I
ABSTAIN:
ATTEST
EST
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NONE
NONE
NONE
CITY CLERK OF THE CITY OF ANAHEIM
7143.v i'MGordon
CITY OF AIIEIM
Bv:
MAYOR OF THE CITYVF ANAHEIM
EXHIBIT "A"
VARIANCE NO. 2008 -04749
r
111 111111)
2
Q-
0
Source Recorded Tract Maps andior City GIS.
Please note the accuracy is +i- two to five feet.
TIMING: GENERAL
4
EXHIBIT "B"
VARIANCE NO. 2008 -04749
Responsible
for
Monitoring
Planning
Planning
Planning
No. Conditions of Approval
The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 6, and as
conditioned herein.
That prior to issuance of a building permit, or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition No. l above mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Code Section
No. 18.03.090 of the Anaheim Municipal Code.
Approval of this variance is granted subject to the approval of
Reclassification No. 2008 -00218 and Tentative Parcel Map No.
2006 -229.
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.
Planning
-5- PC2008 -107