99-200RESOLUTION NO. 99R-200
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 4366.
WHEREAS, after a request for variance to permit
construction of a single-family residence in the RS-HS-
22,000(SC), was received, a public hearing before the Zoning
Administrator of the City of Anaheim was held upon due and proper
notice, a result of which Variance No. 4366 was approved covering
the following described property:
Lot 2 of Parcel Map 97-212, County of Orange,
State of California, as per map recorded in
Book 307, Pages 7 and 8 of Maps, in the
office of the County Recorder of said County;
and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said action at a public hearing 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 this
property pertaining to the topography and location which do not
apply to other identically zoned properties in the vicinity
because this particular property has a very steep downward slope
to the rear (north) with virtually no flat buildable areas.
2. That the strict application of the Zoning Code would
deprive this property of privileges enjoyed by other properties
under identical zoning classification in the vicinity because
four height variances have been approved for up to 66 houses to
the south and east of this property ranging from 26 to 38 feet
high.
3. That the proposed house is one-story as viewed from the
west and south, and two stories as viewed from the east and
north, with the height waiver applying primarily to the east and
north building elevations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that a conditional zoning variance be, and
the same is hereby, granted to pemit construction of a single-
family residence in the RS-HS 22,000(SC) Zone on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
Sections 18.12.060,040
18.23.062.0201
and 18.84.042.010
Maximum structural height.
(25 feet permitted in the Scenic
Corridor Zone
Overlay; 32 feet-6 inches proposed
with roof peak up to 36 feet)
That said variance be granted subject to the following
conditions:
1. That any specimen tree removal shall be subject to the
tree preservation regulations in Section 18.84.038 of the Anaheim
Municipal Code pertaining to the "SC" (Scenic Corridor Overlay)
Zone.
2. That the legal owner of this property shall provide the
City of Anaheim with a public utilities easement to be determined
as the electrical design is complete. Said easement shall be
submitted to the City of Anaheim prior to issuance of a building
permit.
3. That in the event the overhead line crossing this
property is required to be relocated, it shall be relocated at
the property owner's expense.
4. That the legal owner of this property shall irrevocably
offer to dedicate to the City of Anaheim, Water Engineering
Division an easement twenty (20) feet in width for water service
mains. That installation of twelve (12) inch ductile iron pipe
is required to replace the existing twelve (12) inch steel pipe
looping main.
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 Exhibit Nos. 1 through 4, 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 Nos. 2 and 4, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
7. That prior to final building and zoning inspections,
Condition No. 5, above-mentioned, shall be complied with.
-2-
8. 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.
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 21st day of September ,
1999
MA~F ANAHEIM
ATTEST:
CLERK OF T[ ITY OF ANAHEIM
32658.1
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-200 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 21st day of September 1999, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
200 on the 21st day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 21st day of September, 1999.
iII~ITY CLERK OF THE C OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, Assistant City Clerk of the City of Anaheim, do hereby certify that the
foregoing is the original of Resolution No. 99R-200 was duly passed and adopted by the City
Council of the City of Anaheim on September 21 st 1999.
4~4.1~.CITY CLERK OF THE TY OF ANAHEIM