RES-2007-010RESOLUTION NO. 2007 -010
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2006 04699.
WHEREAS, after a request for variance to permit expansion of a single family
residence with a waiver of the maximum permitted structural height was received, 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. 2006 -04699 was granted covering the following described
property:
PARCEL A: PARCEL NO. 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 9,
PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL B: A NON EXCLUSIVE EASEMENT FOR THE INSTALLATION
OF WATER SERVICE LINES, METERS AND INCIDENTAL EQUIPMENT
UNDER AND ACROSS THAT PORTION OF LOT 28, TRACT NO. 59,
PERALTA HILLS TRACT NO. 2 AS PER MAP RECORDED IN BOOK 10,
PAGE 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND
5.00 FEET WIDE, THE WESTERLY AND SOUTHWESTERLY LINE WHICH
IS DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THAT CERTAIN LINE DESCRIBED AS
HAVING A BEARING OF NORTH 59° 32' 45" EAST AND A DISTANCE OF
281.00 FEET IN THE DEED TO DUPONT B. UPSHAW, RECORDED
DECEMBER 28, 1967 IN BOOK 8477, PAGE 851, OFFICIAL RECORDS,
SAID POINT BEING DISTANT THEREON SOUTH 59° 32' 45" WEST 60.00
FEET FROM THE NORTHEASTERLY LINE OF THE LAND CONVEYED TO
SAID DUPONT B. UPSHAW, IN SAID ABOVE- MENTIONED DEED, SAID
POINT BEING THE NORTHEASTERLY LINE OF PARCEL NO. 3, AS
SHOWN ON A MAP FILED IN BOOK 9, PAGE 14 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID PARCEL NO. 3 AND THE
SOUTHWESTERLY AND WESTERLY LINE OF PARCEL NO. 1, AS
SHOWN ON SAID PARCEL MAP, NORTH 66° 42' 08" WEST 75.85 FEET,
NORTH 36° 04' 03' WEST 119.26 FEET AND NORTH 7° 20' 00" EAST 132.20
FEET. THE NORTHEASTERLY AND EASTERLY LINE OF SAID STRIP OF
LAND IS TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE
AT ANGLE POINT AND NORTHERLY AT THE NORTHERLY LINE OF
SAID PARCEL NO. 1 AND SOUTHERLY AT THE SOUTHERLY LINE OF
SAID PARCEL NO. 3
PARCEL C: A NON EXCLUSIVE EASEMENT FOR INSTALLATION AND
MAINTENANCE OF WATER SERVICE LINES, METERS AND
INCIDENTAL EQUIPMENT ACROSS THE SOUTHERLY 5.0 FEET OF THE
WESTERLY 129.41 FEET OF PARCEL NO. 2, AS SHOWN ON A MAP
THEREOF FILED IN BOOK 9, PAGE 32 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY. THE NORTHERLY
LINE OF SAID EASEMENT TO TERMINATE EASTERLY IN A TINE
PARALLEL WITH AND DISTANT EASTERLY 5.0 FEET FROM THE
EASTERLY LINE OF PARCEL NO. 3, AS SHOWN ON SAID PARCEL MAP
ASSESSORS PARCEL NO: 361- 231 -22.
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 because of the unusual topography and location of the
property and for the following reasons:
(a) There are no other viable areas on the site to construct an addition, that
would include a garage.
(b) The additional height above the 25 foot limit is needed to provide
adequate clearance for RV storage.
(c) The grade of the subject property where the addition is proposed is 11 -13
feet below the grade of the adjacent property to the south, and would be
constructed into the existing slope.
(d) Because of the topography and location of the addition, only the second
story would be visible to neighbors from the south, east, and north.
(e) The addition would not be readily visible to neighbors to the west across
Cerro Vista Way because of existing vegetation and the setback from the
street.
(f) The appellant's view of the addition would be similar to viewing a
one -story structure because the first floor of the addition would be
constructed below grade.
(g) The addition complies with all other Code provisions except for height.
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
2
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 to permit
expansion of a single family residence on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION NO. 18.18.060.010 Maximum structural height (25 feet permitted; 30
feet 10 inches proposed)
That said variance be granted subject to the following conditions:
1. That all grading shall conform to requirements of Chapter 17.06 of the Anaheim
Municipal Code. A grading plan shall be submitted to the Public Works, Development Services
Division for review and approval. A grading public hearing is required for cut or fills exceeding
100 cubic yards.
2. That due to a sewer deficiency existing in the neighborhood, a second unit cannot
be permitted on the subject property; therefore, a kitchen shall not be permitted within the subject
addition.
3. That the 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 5, as conditioned herein.
4. 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 Nos. 1 and 3, 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.
5. 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.
6. That a Right -of -Way Construction Permit shall be obtained from the Public
Works Department for the new driveway approach on Cerro Vista Way. Plans shall also be
submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the
wall /fence locations. Said information shall be specifically shown on plans submitted for
building permits.
7. That permits shall be obtained from the Public Works Department for all street
tree removal and /or replacement for any trees located within the public right -of -way. Said
3
information shall be specifically shown on plans submitted for building permits
8. That all proposed retaining walls shall comply with Anaheim Municipal Code
Section 18.46.110.130 pertaining to the height of solid retaining walls visible to public
rights -of -way. Said information shall be specifically shown on plans submitted for building
permits.
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 Council
of the City of Anaheim this 9t day of January, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
By
CITY O AHEIM
MAYOR OF THE C'i'I" U F ANAHEIM