86R-454
RESOLUTION NO. 86R-454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3589.
WHEREAS, after a request for variance by HENRY ULLOA
AND JUANA ULLOA, 1513 East Broadway, Anaheim, California 92805,
owners, and MARIO A. ULLOA, 1513 East Broadway, Anaheim,
California 92805, agent, was received, a public hearing before
the Planning Commission of the City of Anaheim was held upon due
and proper notice, a result of which Variance No. 3589 was
granted covering the following described property:
LOT 7 OF THE GADE SUBDIVISION, AS PER MAP RECORDED IN
BOOK 8, PAGE 23 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY AND STATE; 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:
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 a conditional zoning variance be, and the same
is hereby, granted to construct two (2) additional units for a
total of three (3) units on the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
SECTIONS 18.34.063.012
AND 18.34.063.022
Minimum structural setback
and yard requirement. (15
foot setbacks adjacent to
the north and east prop-
erty lines and 15 feet set-
back adjacent to the south
property line abutting Elm
Street required; 5, 5 and
10 foot setbacks proposed)
SECTIONS 18.34.063.032
Minimum recreation-leisure
area (200 square feet per
dwelling unit required;
111.3 square feet unit pro-
posed)
That said variance be granted subject to the following conditions:
1. That prior to issuance of a building permit, appropriate
park and recreation in-lieu fees shall be paid to the City of
Anaheim in an amount as determined by the City Council.
2. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as determined by the City Council.
3. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 30 feet in
width from the centerline of the street along Clementine Street and
Elm Street for street widening purposes.
4. That as required by Section 18.04.080.020 of the Anaheim
Municipal Code, the owner/developer of subject property shall as
determined by the City Engineer either post a faithful performance
bond with the City Engineer to guarantee the removal of existing
street improvements along Clementine Street and Elm Street and
reconstruction at the ultimate location, or make a cash payment to
the City of Anaheim for the cost of said removal and reconstruction
as provided for in said Code.
5. That sidewalks shall be repaired along Clementine Street
and Elm Street as required by the City Engineer and in accordance
with standard plans and specifications on file in the Office of the
City Engineer.
6. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Clementine Street and
Elm Street in an amount as determined by the City Council.
7. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2.
8. That prior to the commencement of the activity authorized
under this resolution, or within a period of one year from the date
of this resolution, whichever occurs first, Condition Nos. 1, 2, 3,
4 and 6, above-mentioned, shall be complied with.
9. That prior to final building and zoning inspections,
Condition Nos. 5 and 7, above-mentioned, shall be complied with.
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.
-2-
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 7th day of October, 1986.
MAy~;rn-~~; "hAHEIM
City
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-454 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of October, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-454 on the 7th day of October, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of October, 1986.
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CITY CLERK OF 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. 86R-454 duly passed and
adopted by the Anaheim City Council on October 7, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM