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RES-2008-168RESOLUTION NO. 2008 -168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2007 -04742 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a variance pertaining to an interior landscape setback requirement, designated as Variance No. 2007 04742, in connection with the development of a new 120 -room hotel for that certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A'attached hereto and incorporated herein by this reference; and WHEREAS, Variance No. 2007 -04742 is proposed in connection with a request seeking the approval of an amendment to the Anaheim Resort Specific Plan Specific Plan No. 92 -2 to redesignate the project site hotel density from Low Density to Medium Density and Tentative Parcel Map No. 2006 -195 and Final Site Plan No. 2007 -00013 to establish a 2 -lot subdivision and permit the development of a 120 -room hotel (the'Project Actions); and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Project Actions, including Variance No. 2007- 04742, and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; 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. PC2008 -81 granting Variance No. 2007 04742; and WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim City Council review the Planning Commission's action granting Variance No. 2007 -04742 at a duly noticed public hearing; and WHEREAS, thereafter, the City Council did set Variance No. 2007 -04742 for a de novo hearing, which public hearing was duly 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. 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 zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Variance No. 2007 -04742 be, and the same is hereby, granted to permit of a 120 room hotel on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION NO. 18.116.090.00 Interior Landscaped Setback (10 foot fully landscaped setback required adjacent to an interior property line; no landscape setback proposed) BE IT FURTHER RESOLVED that said variance be granted subject to the following conditions 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: 1. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 through 21 and as conditioned herein. 2. That this Variance is granted subject to approval of and finalization of Specific Plan Amendment No. 2007- 00051, Final Site Plan No. 2007 -00013 and Tentative Parcel Map No. 2006 -195, now pending. 3. 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. 4. That 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 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 30th day of September 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY CLERK OF THE CITY OF ANAHEIM 70516.v1 /MGordon CITY OF ANAHEIM By: MAYOR OF THE CITY O ANAHEIM EXHIBIT "A' GOODHUE AVE 2 U7 BALL RD O Source: Recorded Trad Maps andlor City GIS. Please note the accuracy is +l tvw to five feet.