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2001-256RESOLUTION NO. 2001R-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04440. WHEREAS, after a request for variance was received to permit conversion of four carports into enclosed garages with interior partition walls in conjunction with an existing 6-unit apartment complex in the RM- 1200 (Residential, Multiple Family) Zone, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2001-04440 was granted covering the following described property: LOTS 26, 27 AND 28 BLOCK 5 OF SUMMERFIELD AND OPPENHEMER SUBDIVISION AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Zoning Administrator action at a public hearing noticed and held as prescribed by law and, as a result 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; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010,020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted conversion of four carports into enclosed garages with interior partition walls in conjunction with an existing 6-unit apartment complex in the RM-1200 (Residential, Multiple Family) Zone on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Section 18.06.040.020 - 18.06.080 18.12.060.110 and 18.34.066.020 Minimum dimensions of parking sDaces. (10 feet by 20 feet required for spaces in a garage; 9.5 feet by 20 feet proposed) That said variance be granted subject to the following conditions: That the length of the proposed garage spaces shall have a minimum clear dimension of twenty (20) feet; and that use of any of the four garage spaces (which were converted from four carports) for a laundry facilities shall be prohibited. That access between the new garage parking spaces and the adjoining residential units shall be prohibited unless (a) such access can be provided in accordance with the appropriate City Codes and (b) the doors do not swing into the garages due to the garage widths being less than ten (10) feet wide. If access is proposed between the garage parking spaces and the adjoining units, the appropriate details shall be shown on the plans submitted for building permits. 3. Deleted. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. Such plan shall include a barrier or buffer between the trash bin (at the location shown on Exhibit No. 1 "Site Plan") to protect the adjacent parking space. The specific barrier shall be submitted to the Streets and Sanitation Division for review and approval. This information shall be specified on the plans submitted for building permits. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said -2- turn-around area shall be specifically shown on plans submitted for building permits. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3 (each exhibit is dated July 26, 2001); and as conditioned herein. That the petitioner shall obtain the appropriate permits from the Building Division for the new garage doors and the partitions separating the individual garages. That within a period of six (6) months from the date of this decision, Condition Nos. 2, 4, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 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. 10. That the four (4) garages shall be permanently maintained and available for parking purposes; and that no tenants shall live in the garages or use the garages for purposes other than parking. 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 be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City ober, . Council of the City of Anaheim this 2nd da of O~ 2001 M R oF ANA}~ ATTEST: 42064.1 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-256 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of October, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~'9'~'FoC M (SEAL)