2000-189(a)
(b)
RESOLUTION NO. 2000R-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 2000-04401.
WHEREAS, an application for zone variance was received by
the property owner, or the owner's agent, to permit an additional
two-unit apartment building in conjunction with an existing duplex
on the following described property:
LOT 22 IN BLOCK 2 OF THE ENTERPRISE TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4,
PAGE 89 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, said application requests a zone variance from the
following provisions of the Anaheim Municipal Code:
Sections 18.06.050.010.012.0121 - Minimum number of parking spaces.
18.06.080 (9 spaces required; 6 spaces proposed)
and 18.32.066.010
Sections 18.06.050.010.012.0126 - Required screening of parking areas.
and 18.32.066.010 (36-inch high screening between
parking area and Chestnut Street
required; none proposed)
(c) Section 18.32.061.010
(d) Section 18.32.066.062
Minimum building site area per
dwelling unit. (2,400 sq.ft, per unit
permitted; 1,862 sq.ft, proposed)
Desiqn of vehicular parkinq areas.
(Backinq onto a public street not
permitted for multiple family
residences;
2 parking spaces proposed to back onto
Chestnut Street)
WHEREAS, the Planning Commission of the City of Anaheim
conducted a duly noticed public hearing upon said application as
result of which Variance No. 2000-04401 was denied; 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 Planning Commission 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 with
regard to the requested waiver(s) of Anaheim Municipal Code
requirements:
2. That waiver (a), minimum number of parking spaces, is
hereby denied on the basis that approval would cause fewer off-
street parking spaces to be provided for the proposed 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; that approval
would increase the demand and competition for parking spaces upon
the public streets in the immediate vicinity of the proposed use;
that approval would 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); that
approval would increase traffic congestion within the off-street
parking areas or lots provided for such use; and that approval
would impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of
the proposed use.
3. That waivers (b), (c) and (d), required screening of
parking areas, minimum building site area per dwelling unit and
design of vehicular parking areas, are hereby denied on the basis
that there are no special circumstances applicable to the property
consisting of size, topography, surroundings and building
location, which do not apply to other identically zoned properties
in the vicinity to justify these waivers; and that strict
application of the zoning code does not deprive the property of
privileges enjoyed by other property under identical zoning
classification in the vicinity, and denied to the property in
question.
4. That waiver (c), minimum site area per dwelling unit, is
further denied on the basis that the proposed density exceeds the
allowable density set forth in the General Plan; that the General
Plan designates the entire block, including subject property, for
Low-Medium Density Residential units which allows a maximum of 3
units for this entire property and, therefore, the 4-unit proposal
exceeds the density permitted by the General Plan by 33%.
5. That the waivers are further denied on that basis that
the project, as proposed, does not "blend-in" with the
neighborhood with regard to density, scale and character; that
many of the lots surrounding this property are developed with
single-family residences even though the area is zoned RM-2400;
and that the plain architecture of this complex would not be
compatible with 12 homes on the same block which are listed as
"qualified historic structures" in the City's Preservation Plan.
6. That the proposal is located within the boundaries of
the Anaheim Colony Historic District; and that the Preservation
Plan (adopted by the City Council in 1999) sets forth guidelines
which encourage investment and construction of new buildings which
are compatible with the scale, style and character of the
surrounding historic neighborhood; and, further, that the
Preservation Plan encourages infill development to carefully
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assess the following:
· The architectural design of the proposed buildings to ensure
compatibility in elements such as style, height, proportion and
materials of surrounding neighborhoods.
· The relationship of houses to each other, to the surrounding
open spaces, and to the street.
The functional and aesthetic design of open space; and
· The distribution, layout and character of parking.
7. That the applicant failed to appear at said public
hearing and failed to present any evidence which would justify the
approval of such waivers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance be, and the same is hereby,
denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
Section 1094.6 of the Code of Civil Procedure and Anaheim City
Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of August, 2000.
MAYOR OF THE CITY,OF ANAHEIM
ATTEST:
~Y CLERK OF THE C~SY dF ANAHEIM
36934.1
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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. 2000R-189 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 29th day of August, 2000, by the following vote of the
members thereof:
AYES:
NOES:
ABSENT:
TEMPORARILY ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Kring, Tait, McCracken, Daly,
None
None
Feldhaus
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 29th day of August, 2000.
~ ~/I'~C"'LERK (~F~H~ CITY df ,~N-,~HEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-189 was duly passed and adopted by the City Council of
the City of Anaheim on August 29th, 2000.
CL~RK OF THE CITY OF ~,~A"R'EIM