PC 79-181aeso~urio-+ ~~o. PC 79-181
RESOLUTION OF THE AFIAHEIN LITY PLANNING LOHN(5510~~
TNAT PETITION FOR VARIANCE N0. 3106 BE GRA~ITED
N1IEREAS, the Rnaheim City Plannfng Commisslon dld receive a ve~ified
Petition for Variancc fron CYPP,IE!7 DUHART AHD CATHERINE C. DUHART, 888 South Lemon
Street, Anahetm, Californta 92805, owners, and HONARO ft. POLZI~t, 1205 Connecticut
Avenue, Anaheim, Caltfornia 92301, agent, of ccrtain real property situated in the
City of Anaheim, County of Orange, Statc of Calffornia descrTbed as:
That portion of Lot 1 of Tract No. 1054, in the City of Anahetm,
County :f Orange, State of Catifornia, as shown on a map recorded
ir. oook 34, page 10 of Miscellaneous Maps, in [he offtce of the
County Recorder of said County. descrTbed as fol~ows: Commencing
at [he Southwest corner of Lat 8 of Tract No. 1602, as shown on a
map recorded in book 46, page SO of said Mfscellaneous Haps;
thencc South 15° 27'S5" East, along the East line of South Lemon
Street, as shown on a map of sald Tract No, 1602; 92.25 feet to
the true point of beginning of thc Boundary of the land herein
described; thence North 74° 22'03" East parallel with the South
line of Tract t~o. 1602, 122.00 feet; thence South 15~ 27'S5" East,
parallel eith said Eas[ linc. 135.37 feet to the South Line of
sald Lot 1; Thence, along the South and West lines of said Lot 1,
South 74° 21'15" West 122.00 feet and North 15° 27'S5" ue~t 13b.40
fcet to the true point of beginning.
11HEREAS, the Lity Planning Commission did hold a pu~lic hearing at
the City Hall in the Lity of Anahelm on September 10, 197?, ai 1:30 p.m.,
no[ice of said public hearing having been duly given as requlred by law and
In accordar.r.e with [he provisions of the Anaheim MunTcipal Code. Chap[er
16.03. to hear and consider evidence for and agatnst said proposed variance
and ta investigate and make f(ndl~gs end recemmendations In eonnection
therewfth; and
NIiEREAS, saTd CanmTssion, afcer due inspection, investigation and
study made by itself and in its behalf, ~nd after due considera[ion of all
evidence and reports offcred at sald hearing. docs find and determine the
followi~g facts:
1. That the petit3oncr proposes a waiver of the foilowing to
construct a 6-unit apartment building:
SECTION 1$.34.062.012 - Haximum s[ruct~ral hei ht.
story perm tted w thin 150 fee[ of
single-family residential zoning;
2 storles proposed)
2. That the above-men[ioned waiver is hcreby granted on thc
basTs that the General Plan designate~:c all nearby propertles wTthin 150
feet for medium density residential land uses, slmilar to the proposal.
PC7Q-181
3. That there are exceptional or extraordinary circums[ances or conditions
applicable to the property invoived or to the intended use of the property that do
not apply generally to the property or class of use ln the sane victnity and zone.
4. That the requested variance is necessary for the preservation and
e~joyment of a substanttal property right possessed by other property in the same
vicinity and zone, and denied to the property in questlon.
5, That the requested variance will not be matertaily detrimental to the
publtc welfare or tnJurious to the property or improvements In such vicinity and zone
in which the propercy is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in oppositTon to the subject
petition.
E~IVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Cortmisslon has
reviewed t e proposa to construct a 6-unlt apartnent building with waiver of ineximum
structural height on a rectangularly-shaped parcel of land ~onsistTng of
appraximately 0.2 acre located at the northeast corner of Vermont Avenue and Lemon
Street, havtng a frontage of approximately 100 feet on thc north side of Vermont
Avenue and a fronta9e of 120 feet on tiie east side of Ldnon Street; and dces hereby
approve the tJeaative Declaration from the requirement to prepare an environmental
impact report on the basis [hat there would be no significant individual or
cunulative adverse environmental impact due to [he approval of this Negative
Declaration since the Anahefm General Plan designares the subJect property for
medium-density residential land uses commensurate with the proposal; that no
sensitive e~vtronmental inpacts are involved in the proposal; that the Inltial Study
submitted by [he petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative O~claration substantia[ing [he
foregoing findings is on file in the Lity of Anahcim Plannin9 Depar[ment.
NOW, THEREFORE. 4E I7 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the followtng conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in crder to preserve the safety and general welfare of the Citizens of [he
City of Anaheim:
1. That sidewatks shall be installed along Lemon 5treet and Vermont Avenue
as required by the Ci[y Engineer and in accordance with standard ptans and
specifications on file in the Office of the City Engineer.
2, That street lighting facilittes along Lemon Street and Vermont Avenue
shall be installed as required by the Office of Utilities General Manager. and in
accordance with speclflcations on file in the Office of UtTlities General Manager;
and/or that a bond, certiftcate of deposil, letter of credlt. or cash, in an amount
and form satisfactory to thc City of Anaheim shall be posted with the City to
guarantee the installation of the above-mentioned requirements prtor [o occupancy.
3. That the owner(s) of subJect property shall pay to [he City of Anaheim
a fee, in an amount as determi~ed by the City Council, for tree pianting purposes
along Lemon Street and Vermont Avenue.
-2- PC79-l81
;,
i : ,
4. That trash storage areas shall be provided in accordanca with approved
plans on file with the Office of thc Executive Oirector of Pubtic Norks.
5. That drainage of subject property shall 6c disposed of in a manner
satisfactory to the City Engineer.
6. That the owner of subJect property shal) pay to the City of Anaheim the
appropriate ~ark and recreatlon Tn-lieu fees as determined to be approprtate by the
City Council, said fees to be paid at the time the building permit is issued.
7. That the rnrner(s) of subJec[ property shall pay the traffic signal
assessment fee (Ordinance No. 389E) in an amount as determined by [he City Council,
for each new d~relling unit prior to the issuance of a building permit.
II. In the event that subJect property is to be dtvided for the purpose of
sate, lease, or financing~ a parcel map, to record the approved division df subJect
property shali be submitted to and approved by the City of Ana;~eim and then be
recorded in the office of the Orange Lounty Recorder.
9, ihat the owner(s) of subJect property shall submit a letter requesttng
the termination of Variance Nos. 1892 and 2282 io the Planning Commission.
10, That subJect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exh(bit Nos. i
and 2.
11. Tha[ Conditlon PJos. 2. 3, 8 and 9, above-mentioned, shall be comptied
with prior to the commencement of the acttvity authorized under thls resolutton, or
prior to the Lime that the building permit Is issued, or withfn a period of one year
fr«n date hereof, vrtiichever occurs first, or such Turther tlme as the Planning
ComTlssion may granc.
i2. That Candition Nos. 1, 4, 5 and 10, above-mentioned, stwll be canplied
with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Camisston does hereby
find and determtne that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereTnabove set forth.
Should any such condit3on, or any part thereof, be declared invalid or unenforceabie
by the fi~a~ Judgment of any court of competent jurisd(ction, then this Resolutio~.
and any approvals herein contained, shall be deemed null and vold.
TNE FOREGOING RESOLUTION is signed and approved by me this lOth day of
September, 1979.
( ~ /~ .IJL~t~[~...ca..i
CHAIRMAN~ ANAHEIN CITY'PLA'ANING CONHISSION
ATTEST:
SECRF.TARY, NAHEIH CITY P NNING COM"115510N
-3- PC79-18t
#
~.
i 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. ~
CITY OF ANAHEIM )
I, Edlth L. Harris, Secretary of the Anaheim City Planning Commission, da
hereby certify that the fore.going resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on September 10, 1979, by the followTng
vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID~ FRY, HER65T, KING, TOLAR
NOES: COMMIS510lJER5: NONE
ABSENT: LOFSM{SSIO~JERS: NONE
IN NITt~E55 WHEREOF, I have hereunto set my hand tfiis 10th day of September,
1979.
6~1~ ~ i'~L~s~,
SEC~Z~f R, ANAHE IM C I1~ PLANN I~JG COMM I SS I ON
-4- PC79-18t
_ i
;
_ „, ~