RES-2013-007 RESOLUTION NO. 2013 -007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 2012 -04899 AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for a variance, designated as Variance No. 2012-
04899, from the following provision of the Anaheim Municipal Code (the "Code "), to construct a
6 -foot high wrought iron fence and gates exceeding the permitted height within the required front
yard setback of the, as required by the Code for certain real property located at 2560 East La
Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property "):
SECTION NO. 18.46.110.030 Permitted Fences and Walls.
(3 -foot maximum height permitted;
6 feet proposed)
WHEREAS, the Property is located in the C -G (General Commercial) zone. The
Anaheim General Plan designates the Property for General Commercial land uses; and
WHEREAS, on November 5, 2012, the Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim, 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 Code, to hear
and consider evidence for and against proposed Variance No. 2012 -04899 and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning 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, did adopt its Resolution No. PC2012 -079 denying
Variance No. 2012- 04899; and
WHEREAS, within the time prescribed by law, the Petitioner did appeal the decision of
the Planning Commission to the City Council of the City of Anaheim (the "City Council "),
asking the City Council to reconsider Variance No. 2012- 04899, as requested by Petitioner; and
WHEREAS, thereafter, the City Council did set said petition for a de novo public
hearing, which public hearing was duly noticed in the manner provided by law for December 18,
2012; and
WHEREAS, the applicant requested a continuance of the matter from the December 18,
2012, hearing to the January 15, 2013 hearing; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did hold
and conduct a duly noticed public hearing to consider the proposed Variance No. 2012 -04899
and did give all persons interested therein an opportunity to be heard, and did receive evidence
and reports and did consider the recommendations and action of the Planning Commission.
Based thereon, the City Council hereby finds and determines that all of the conditions set forth in
Section 18.74.060 of the Code, which are required for the approval of said variance, are not
present for the following reasons:
1. That there are no special circumstances that apply to the Property, including size,
shape, topography, location or surroundings, which do not also apply to other property under
identical zoning classification in the vicinity because this Property is of similar shape and size as
the surrounding properties in the same zone and other properties in the vicinity do not maintain
legally - permitted fences of a similar height in the required front setback area;
2. That, because of there are no special circumstances applicable to this Property,
strict application of the Zoning Code would not deprive the Property of privileges enjoyed by
other property under identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that Variance No. 2012 -04899 be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which a rehearing 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 was adopted at the City Council of the City of
Anaheim this 15 day of January, 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Brandman and Murray
NOES: Council Members Eastman and Bring
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MA OR OF THE ITY OF ANAHEIM
ATTEST:
1
G � '�AII/44._
CITY CLERK OF THE CITY OF NAHEIM
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