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RES-2009-181RESOLUTION NO. 2009 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2009 - 04790. WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as `Planning Commission') did receive an application for a variance, designated as Variance No. 2009 - 04790, from the following provisions of the Anaheim Municipal Code: (a) SECTION NO. 18.06.090.040 Minimum landscape setback (10 feet fully landscaped required adjacent to single family; minimum 5 feet proposed adjacent to single family) (b) SECTION NO. 18.42.030.010.0104 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) WHEREAS, the subject property is located at 944 South State College Boulevard, Anaheim, California, as more particularly shown in Exhibit "X attached hereto and incorporated herein by this reference. The subject property is zoned RM -3 (Multiple- Family Residential) and the Anaheim General Plan designates this property and the property to the south for Low - Medium Density Residential land uses. Properties to the north and east are designated for Low Density Residential land uses and the property to the west across State College Boulevard is designated for Open Space land uses; 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 allow additional parking spaces; 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against Variance No. 2009 -04790 and to investigate and make findings in connection therewith; 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. PC2009 -098 granting Variance No. 2009- 04790; and WHEREAS, within the time prescribed by law, an interested party did appeal said Planning Commission decision to the Anaheim City Council, asking the City Council to reconsider Variance No. 2009 - 04790, as requested by the applicant; and WHEREAS, thereafter, the City Council did set said application for a de novo public hearing, which public hearing was duly noticed in the manner provided by law for December 15, 2009; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing on December 15, 2009 and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, including all the evidence submitted to the Planning Commission at the time of its hearing upon said application, and did consider the same; and WHEREAS, the City Council, as lead agency for purposes of the California Environmental Quality Act ( sCEQA), does hereby find and determine that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation; and WHEREAS, the City Council does find, after due inspection, investigation and study made by itself and in its behalf and after careful consideration of all evidence and reports offered at said hearing before the City Council, and having considered the recommendations of the Planning Commission, that all of the conditions and criteria set forth in Section 18.74.060 of the Anaheim Municipal Code required for the approval of said variance are present for the following reasons: (1) That there are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which do not apply to other property in the surrounding area and under the identical zoning classification, 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. (2) That special circumstances create a situation in which strict application of the zoning code deprives the subject property of privileges enjoyed by other property in the surrounding area and under the identical zoning classification, in that the unique circumstances by which the subject multi - family residential project was originally approved and constructed now preclude an effective design solution without the approval of the subject variance. 2 (3) That strict compliance with the specified regulations pertaining to landscape setbacks and residential parking requirements applicable to the subject property would result in practical difficulty or unnecessary hardship inconsistent with the purposes of the zoning regulations; the purpose of which is to ensure the attractiveness and adequacy of parking for residents and guests of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Variance No. 2009 -04790 be, and the same is hereby, granted. BE IT FURTHER RESOLVED that the Anaheim City Council does approve Variance No. 2009 -04790 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Council 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. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of December , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF EIM By: MA R OF THE TY CTFAA NAHEIM ATTEST: CITY CLERK OF THE CITY OF KNAHEIM 75044. v 1 /MGordon 0 EXHIBIT "A" VARIANCE NO. 2009 - 04790 APN: 253- 114 -86 v E VERMONT AVE E WAGNER AVE Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is + / - two to five feet. EXHIBIT `B" VARIANCE NO. 2009 -04790 RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION 1 The applicant shall make the following improvements and Planning shall submit photographs demonstrating compliance to the Planning Services 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 either adjacent to the new parking spaces or adjacent to the homes opposite the new parking spaces. GENERAL 2 Additional parking spaces shall be permitted to encroach Planning 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.