RES-2008-026RESOLUTION NO. 2 0 0 8 0 2 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM TO APPROVE THE REQUESTED WAIVER
OF PUBLIC RIGHT -OF -WAY IMPROVEMENTS FOR
BOTH WOODLAND DRIVE AND MAGNOLIA AVENUE
(MISCELLANEOUS PERMIT NO. 2008-00235)
WHEREAS, on December 10, 2007, the City Engineer did receive a written
application requesting a waiver of public right -of -way improvements in connection with a
proposed expansion to an existing office building located at 1150 North Magnolia Avenue,
Anaheim, California, legally described as follows (the`Propertf):
PARCEL 38, AS PER MAP FILED IN BOOK 135, PAGES
19, 20, 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the required public right -of -way improvements consist of the
installation of a six foot wide sidewalk along Woodland Drive and a five foot wide landscaped
parkway and a five foot wide sidewalk along Magnolia Avenue, fronting the Property; and
WHEREAS, subdivision .080 of Section 18.40.060 of the Anaheim Municipal
Code does authorize the City Engineer to grant exemptions from all or any portion of the
requirements imposed by subsections .020 through .060 of Section 18.40.060; and
WHEREAS, before any such exemption may be granted by the City Engineer, it
shall be shown that either (i) there is no reasonable relationship between the need for the required
dedication and improvements and the type of development project on which such requirements are
imposed, or (ii) the cost of the required dedication and improvements unreasonably exceeds the
burden or impact created by the development project; and
WHEREAS, the City Engineer did deny the requested waivers of public right -of-
way improvements; and
WHEREAS, within the time prescribed by law, the applicant did appeal the
decision of the City Engineer to the Anaheim City Planning Commission; and
WHEREAS, on February 20, 2008, the Anaheim City Planning Commission did
hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of
which public hearing were duly given as required by law and the provisions of Title 18 of the
Anaheim Municipal Code; and
WHEREAS, said 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. PC2008 -15 denying said waivers as requested by the
applicant (Miscellaneous Permit No. 2008 00235); and
WHEREAS, said Planning Commission, by its Motion, did request review of its
decision by the Anaheim City Council, asking the City Council to reconsider the waivers, as
requested by 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; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing on March 18, 2008 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 Anaheim City Planning Commission at the time of its hearing upon said
application, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the City
Planning Commission and all additional evidence and reports offered at said public hearing the
City Council does hereby find and determine that there is no reasonable relationship between the
need for the required public right -of -way improvements and the type of development project on
which such requirements are imposed.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, for the
reasons hereinabove specified does hereby grant said waivers of public right -of -way
improvements, as requested by the applicant.
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 the provisions
of 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 13th day of March 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidht Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CI CLERK OF THE CITY OF ANAHEIM
68575.v 1 /MGordon
CITY OF AN EIM
By:
MAY R OF THE CI Y ANAHEIM