RES-1989-110RESOLUTION NO. 89R-110
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING AN AMENDMENT TO
THE CONDITIONS OF APPROVAL IN VARIANCE
NO. 3794 AS APPROVED BY RESOLUTION
NO. 88R-387.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 88R-587 approving Variance No.
5794, subject to certain conditions specified therein; and
WHEREAS, the permittee has now requested an amendment to
said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on April 4, 1989, at which hearing the City Council did
receive and consider evidence, both oral and documentary, relating
to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval is not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under said Variance No. 3794 for the following reasons:
1. The permittee has requested an amendment to Condition No.
14 of Variance No. 3794 which requires the property owner to
record the final tract map for the project prior to issuance of
building permits.
2. The permittee seeks to modify Condition No. 14 to allow
issuance of building permits prior to recordation of the final
tract map and condominium plan and defer recordation until final
building/zoning inspections and issuance of certificates of
occupancy for the project.
3. Approval of said request would allow construction to
commence for a condominium project prior to and without the City
being assured that such buildings could or would ever be conveyed
and occupied as condominium units.
4. If permittee's request were approved and a final tract
map and condominium plan for the project were never recorded, the
buildings would be either unoccupied or be occupied in violation
of current zoning requirements applicable for multiple-family
residential dwellings other than condominiums.
5. Any delay caused to permittee in recordation of the final
tract map in the responsibility of agencies other than the City of
Anaheim.
6. Any deferral of commencement of construction which may be
necessary until the final tract map is recorded is unrelated to
Variance No. 5794, and this proposed modification is not necessary
to permit reasonable operation under said Variance, since the City
would require recordation of the final tract map prior to issuance
of building permits irrespective of the requirements of Variance
No. 5794 or Condition No. 14 thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Variance No. 3794 as approved by Resolution No. 88R-387 be, and
the same are hereby, affirmed.
BE IT FURTHER RESOLVED that said petition to amend said
conditions of approval of Variance No. 3794 be, and the same is
hereby, denied and that Resolution No. 88R-387 shall remain in
full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day April, 1989.
ATTEST:
CITY CLERK OF THE CI EIM
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3005L
040689
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AYES'
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-110 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of April, 1989, by the following vote of the members thereof'
COUNCIL MEMBERS' Daly, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' Ehrle and Pickler
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-110 on the 13th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 13th day of April, 1989.
CITY CLERK O~ THE CiTY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-110 duly passed and
adopted by the Anaheim City Council on April 4, 1989.
CITY CLERK OF THE CITY OF ANAHEIM