PC 70-193RESOL'JTION N0. PC70-193
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDMETJT
TO TITLE 18, ZONING OF TFIE ANAHEIM MUNICIPAL CADE, CHAPTER
18•68, VARIANCFS, SECTIONS 18.68.010 and 18.68.030 THERETO
WHEREAS, a review of Anaheim Zoning Code requirements for the graniing of a variance
:~d indicates that code changes may be desirable to maintain the compatibility of the City
~ of Anaheim's code with state law relating to variance as s~t forth in Section 659U6 of
r( of the Government Code; and
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J PJH[REAS, the City Planning Commission determined that said amendments were necessary
and set for public hearing consideration of amendments to Chapter 18.68 governing variances;
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~ WHEREAS, the City Planning Commission did hold a public heari.ng at the City Hall
~ in ttie City of Anaheim on October 19, 1970, at 2:00 o'clock P,M., notice of said
~. hearing having been duly given as required by law and in accordance with the Public
I oF the Anaheim Municipal Code, to hear and consider evidence for and against saidlproposed
I variance and to investigate and make findings and recommendations in connection th?re-
~ with; and
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WHEREAS, 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. That Section 6590G was added to the Government Code by Statutes I965 c.1880,
p.4350, paraqraph 6 governinq the use of variances.
2. That Section 65906 was further amended when Senate Bill No. 23 was signed
into law, wherein it is specifically stated that "A variance sf~all not be
granted for a parcel of property which authorizes a use or activity which
is not otherwise expressly authorized by the zone regulation governing
_ the parcel of property". '
3. That the City Attorney's Office has determined that the amendment adopted
in Senate Bil] Ne. 23 would not apply to charter cities unlessthe particular
City oesires to adopt said amendment.
~. That the Planniny Commission determined that the Anaheim Zoninn Code and supporting
documents such as the Variance petition and Supplement should be amended to
substantially conform to State Law, however, it was also determined that frc,w the
standpoint of practical administ.ration oF zoning matters, it would be ~.n ti~e
City's best interest not to adopt the prinicples concerning "use variances"
~ as outlined in Senate Bil] No. 23.
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EXHIBTT "A"
ORDINANCE N0.
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AN ORDINANCE OF THE CITY OF ANAI-IE26e Ad~NDINCr
TITLE 18, CHAPTER 18.68, SECTIONS ]A,~n,p10
AND 18.68.030 OF THE ANAIIEIM MUNICIPAL CODE
THE CITY COUNCIL OF Tf~ CITY OF ANAF~IEE DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 18, Chapter 18.68, Section 18.68.010
the Anaheim Municipal Code be, and the same is hereby amended
to read as follows:
"SECTION 18.68.010 PLANNING COM6lIS3ION AUTHORIZED TO
GRANT VARIANCES. -- CRITERIA.
"The Planning Comeiission shrsll havo authority, as an
administrative act, subject to the provisions of this ohapter,
to grant varianoes.
"Variances from the terms of Lhe zoning ordinance
.:hall be granted only, when, because of epecial circumstances
applir.Qble to the property, including nize, rhape, topography,
l~~ation or surrounding~, the strict application of the zoning
code deprivee ~uah property of privilege~ enjoyed by other
propei•ty in the vicinity and under idantical :;oning classifica-
tion.
"Any variance granted shall be subject to such condi-
tion~ as will assure that the ad,justment theroby authorized shall
not constitute a grant of speciel privileges inconsistent with
the limitstions upon other proportiee in the vicinity and zone in
v;};ict~ such property ia situated.
SECTION 2.
That Title 18, Chapter 1b.58, Section ].8.68.U3C of the
Anuheim Municipal Codo bo, and tho seme is hereby amend.ed to read
a~ f~llows: '
"SECTION 18.68.030 REQUIRED SHOFJINGS.
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"-efore any variance may be granted by t}:e Planning
Commisaion .it shall be shown:
"il) That thore are ~peciel circumstances applicable to
the propert,y, inoluding ~ize, shapo, topography, location or :;ur-
roundings, which do not apply to other property under identica~l
zoning classification in the viainii;y.
"(2) That, because of ~pecial circumetances shown in
(1) above, ~trict application of the zoning code deprives the
proporty cf privileges on,joyed by other property under ideritiuel
zoning classifioation in the vioinity.
SECTION 3.
-~ City C].or:t shall certify to t~. passage of this
Ordinance and ~nnll ce:u~e the same to be printed once withir.
fifteen (15) days e.:'ar its adoption, in the Anahsim Bulletin,
a newspaper of ger.-•• 1
~ ` circulated in saic:
its final passage
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~ THF FORI
' ;; this day of
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s ciroulation, printed, publi~hed an3
-ity, and thirty (30) daya Yrom and after
~ ~hall te.ke effeot and be in full furae.
CGOING ORDINANCE is approved and signed by mo
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MAYOR OF THE CITY OF ANA}~IM
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NOW, THEREFORE, BE IT RESOLVED that t5e Anaheim City Pl~nning Commission does hereby
recommend to the City Council of the City of Anaheim amendment to Title 18, Zoning, of
the Anaheim Municipal Code, Chapter 18.68, Variancas as depicted on Exhibit "A" attache~
, hereto and referred to herein as though set forth ii: full.
THE FOREC,OING R 6 OLUTION i.s signed and approved by me L•his 29th day of ~ctober,.
1970.
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- CHA MAN ANAH IMrCITY PLANNING COMMISSION
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` SECRETARY ANAHEIM CITY PLANNING COP~NISSION '
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the City Planning
Cer~mission of the City of Maheim, held on October 19, 1970, at 2:00 o'clock P,M., by the
foll.owing vote of the members thereof:
AYFS: COMMISSIONERS: Farano, Gauer, Kaywood, Rowland, Seymour, Herbst.
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Allred.
IN WITNESS WHERcUF, I have her.eunto set my hand this 29th day of October, 19i0.
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( /L-'72- lZi' ~.G <o~.
SECRETARY ANAHEIM CI7Y PLANNING COMMISSION
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