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2000-189(a) (b) RESOLUTION NO. 2000R-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2000-04401. WHEREAS, an application for zone variance was received by the property owner, or the owner's agent, to permit an additional two-unit apartment building in conjunction with an existing duplex on the following described property: LOT 22 IN BLOCK 2 OF THE ENTERPRISE TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 89 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, said application requests a zone variance from the following provisions of the Anaheim Municipal Code: Sections 18.06.050.010.012.0121 - Minimum number of parking spaces. 18.06.080 (9 spaces required; 6 spaces proposed) and 18.32.066.010 Sections 18.06.050.010.012.0126 - Required screening of parking areas. and 18.32.066.010 (36-inch high screening between parking area and Chestnut Street required; none proposed) (c) Section 18.32.061.010 (d) Section 18.32.066.062 Minimum building site area per dwelling unit. (2,400 sq.ft, per unit permitted; 1,862 sq.ft, proposed) Desiqn of vehicular parkinq areas. (Backinq onto a public street not permitted for multiple family residences; 2 parking spaces proposed to back onto Chestnut Street) WHEREAS, the Planning Commission of the City of Anaheim conducted a duly noticed public hearing upon said application as result of which Variance No. 2000-04401 was denied; 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 Planning Commission 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 with regard to the requested waiver(s) of Anaheim Municipal Code requirements: 2. That waiver (a), minimum number of parking spaces, is hereby denied on the basis that approval would cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; that approval would increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; that approval would increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); that approval would increase traffic congestion within the off-street parking areas or lots provided for such use; and that approval would impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 3. That waivers (b), (c) and (d), required screening of parking areas, minimum building site area per dwelling unit and design of vehicular parking areas, are hereby denied on the basis that there are no special circumstances applicable to the property consisting of size, topography, surroundings and building location, which do not apply to other identically zoned properties in the vicinity to justify these waivers; and that strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity, and denied to the property in question. 4. That waiver (c), minimum site area per dwelling unit, is further denied on the basis that the proposed density exceeds the allowable density set forth in the General Plan; that the General Plan designates the entire block, including subject property, for Low-Medium Density Residential units which allows a maximum of 3 units for this entire property and, therefore, the 4-unit proposal exceeds the density permitted by the General Plan by 33%. 5. That the waivers are further denied on that basis that the project, as proposed, does not "blend-in" with the neighborhood with regard to density, scale and character; that many of the lots surrounding this property are developed with single-family residences even though the area is zoned RM-2400; and that the plain architecture of this complex would not be compatible with 12 homes on the same block which are listed as "qualified historic structures" in the City's Preservation Plan. 6. That the proposal is located within the boundaries of the Anaheim Colony Historic District; and that the Preservation Plan (adopted by the City Council in 1999) sets forth guidelines which encourage investment and construction of new buildings which are compatible with the scale, style and character of the surrounding historic neighborhood; and, further, that the Preservation Plan encourages infill development to carefully -2- assess the following: · The architectural design of the proposed buildings to ensure compatibility in elements such as style, height, proportion and materials of surrounding neighborhoods. · The relationship of houses to each other, to the surrounding open spaces, and to the street. The functional and aesthetic design of open space; and · The distribution, layout and character of parking. 7. That the applicant failed to appear at said public hearing and failed to present any evidence which would justify the approval of such waivers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings 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 is approved and adopted by the City Council of the City of Anaheim this 29th day of August, 2000. MAYOR OF THE CITY,OF ANAHEIM ATTEST: ~Y CLERK OF THE C~SY dF ANAHEIM 36934.1 -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. 2000R-189 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29th day of August, 2000, by the following vote of the members thereof: AYES: NOES: ABSENT: TEMPORARILY ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly, None None Feldhaus IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of August, 2000. ~ ~/I'~C"'LERK (~F~H~ CITY df ,~N-,~HEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-189 was duly passed and adopted by the City Council of the City of Anaheim on August 29th, 2000. CL~RK OF THE CITY OF ~,~A"R'EIM