2005-004RESOLUTION NO. 2005- 01^
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 2004-04609.
WHEREAS, after receipt by the City of Anaheim of an application for a zoning
variance to construct a new 2-story single family residence with a roof deck and domes in the RH-1
"Single Family Hillside Residential -Scenic Corridor Overlay Zone (former RS-HS-43,000(SC)
Zone)" with waivers of applicable provisions of the Anaheim Municipal Code relating to (a) site
orientation of the proposed dwelling and (b) maximum structural height of the proposed dwelling,
a public hearing before the Zoning Administrator of the City of Anaheim was held upon said
application following due and proper public notice. As a result, Variance No. 2004-04609 was
approved, as to the Code waiver relating to the site orientation, covering the following described
property:
LOT 35 OF TRACT NO. 1392 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 42 PAGES 25 AND 26 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and
WHEREAS, thereafter, within the time prescribed by law, the applicant appealed the
Zoniong Administrator's decision and the City Council scheduled the review of said Zoning
Administrator action at two public hearings noticed and held as prescribed by law and, as a result
thereof, the City Council does hereby make the following findings based on the facts and materials
submitted to the City Council and the evidence presented at the hearings of September 28, 3004 and
January 11, 2005:
1. That waiver (a) hereinafter described, relating to site orientation of dwellings adjacent
to arterial highways, is hereby approved on the basis that strict application of the Zoning Code would
create a hardship for the applicant and deprive the property of privileges enjoyed by other properties
in identical zoning classification in the vicinity because a number of other residences along Santa
Ana Canyon Road side onto said arterial highway; that there is a special circumstance applicable to
the property consisting of its unique size, topography and location, which does not apply to other
identically zoned properties in the vicinity, because (a) the property size is significantly larger that
required by Code (approximately 3 acres existing versus minimum 1 acre required), (b) the setback
between the proposed dwelling and Santa Ana Canyon Road is almost 200 feet, (c) vehicular access
to the property will betaken from Peralta Hills Drive, and (d) the site is lower in elevation than the
surrounding properties.
2. That waiver (b), maximum structural height, is hereby approved on the basis that
strict application of the Zoning Code would create a hardship for the applicant and deprive the
property of privileges enjoyed by other properties in identical zoning classification in the vicinity
because the size of the proposed dwelling is not inconsistent with the proportions of other dwellings
in the vicinity in relation to the size of the lot (i.e. a 15,700 sq. ft. dwelling on a 2.85 acre lot
compared with 5,000-6,000 sq. ft. dwelling units on one acre lots in the vicinity of the subject site),
and the proposed height waiver will afford the applicant the opportunity to construct a dwelling of
relative width and height dimensions consistent with the relative width and height dimensions of
other dwellings in the vicinity relative to their lot sizes and elevations; that there are special
circumstances applicable to the property consisting of its location, size, shape and topography which
do not apply to other identically zoned properties in the vicinity because (w) the property size of
almost three acres is significantly larger than required by Code for asingle-family dwelling or of
other properties in the vicinity, (x) the proposed dwelling will be setback a substantial distance from
the rear property line at a reduced building pad elevation relative to allowable pad elevation, (y) the
height of the proposed dwelling at its highest point will be lower than the highest point of a dwelling
which could be constructed at the minimum setback on allowable pad elevation and within the
otherwise required height limit, and (z) the distance from the highest dome of the proposed dwelling
to the nearest adjacent dwelling will be a minimum of 220 feet.
WHEREAS, the granting of the subject zoning variance is consistent with the
objectives of the Anaheim General Plan and zoning regulations for the property; and
WHEREAS, the City Council has determined that the granting of the zoning variance
will not have an impact on adjacent residences that have aline-of--sight across the property due to
the unique aspects of the applicant's property referenced above, including topography, lot size, lot
location, mature trees and landscaping separating the subject property from other adjacent lots,
distance from actual residences on adjacent lots, and improvements and landscaping on such lots that
interrupt line-of-sight between such residences and the applicant's proposed dwelling; and
WHEREAS, the granting of the zoning variance will not grant a "special privilege"
inconsistent with the limitations on other nearby properties, nor establish a precedent for future
variance applications due to the unique factors applicable to the subject property, which are
referenced above.
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby, granted to permit a new
2-story single family residence with a roof deck in the RH-1 "Single Family Hillside Residential -
Scenic Corridor Overlay zone (former RS-HS-43,000(SC) Zone)"on the property hereinbefore
described with waivers of the following sections of the Anaheim Municipal Code:
(a) Sections 18.12.060.030 - Orientation of dwellings adjacent to arterial
and 18.22.065.010 highways.
(Dwelling required to rear onto arterial
highways; dwelling proposed to side-on
Santa Ana canyon Road)
(b) Sections 18.12.060.040 - Maximum structural height.
18.84.042.010 (25 feet permitted with certain limited height
and 18.84.042.020 exceptions; 37 feet proposed)
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That said variance is hereby granted subject to the following conditions:
1. That the proposed grading and retaining walls shall conform to the requirements of
Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code.
Grading plans and retaining walls shall be approved by the Public Works Department and the
Planning Department.
2. That landscaping plans identifying all tree types proposed to be removed shall be
submitted to the Zoning Division for review and approval. A Specimen Tree Removal permit shall
be obtained in accordance with Zoning Code Section 18.18.040 (Tree Preservation) prior to removal
of any specimen tree.
3. That any required relocation of City electrical facilities shall be at the developer's
expense.
4. That any proposed fencing or gates located within the required street setbacks along
Santa Ana Canyon Road and Peralta Hills Road shall not exceed a height of six (6) feet unless a
variance is obtained permitting a height exceeding six (6) feet.
5. That 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 Revision No. 1 of Exhibit No. 1, Revision No. 2 of Exhibit No.
2, Revision No. 2 of Exhibit No. 4, Revision No. 1 of Exhibit No. 6, Exhibit No. 7, Revision No.
1 of Exhibit No. 9 and Exhibit No. 10, and as conditioned herein.
6. That prior to issuance of a building permit or within a period of one (1) year from the
date of this decision, whichever occurs first, Condition No. 2 and revised plans required in
connection with Condition No. 5, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions maybe granted in accordance with Section 18.03.090 (Time Limit
for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and
Administrative Adjustments) 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 11th day of January, 2005, by the following roll call vote:
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AYES: Mayor Pringle, Council Members Hernandez, Chavez, Calloway, Sidhu
NOES: None
ABSENT: None
ABSTAIN: None
CITY AHEIM
By
MAYOR OF TH CIT OF ANAHEIM
ATTES
-~ . ~
C Y CLERK OF THE CITY OF ANAHEIM
56969.?
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