PC 85-102__ ,~.
RESOLUTION N0. PCBS-102
A RESOLUTION OF THE ANAHEIM CITY PLRNNING COMMISSION
THAT PETITION POR VARIANCE N0. 3473 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Va[iance fr~m CYPRIEN DUHART AND CATHERINE DUHART, 888 South
Lemon Stceet, Anaheim, C~lifornia 92805, owners of certain real property
situaCed i.n the City of Anaheim, County of Orange, State of California
deacribed as:
THAT PURTION OF ?'HE DREYFCS AND OTHER TRAC:, AS SHOWN ON A
MAP OF SURVEY BY WILLIAl: 6A~1EL~ A COPY OF WHICH IS SHOWN ZN
BOOK 3, PAGES 162 TO 169 1NCLUSIVE OF 'LOS ADiGELES COUNTY
MAPS"~ IN THE OFE'ICE OF THE COUNTY RECORD~R OF ORANGE COUNTY~
CALIFOkNIA~ DESCRIBEU AS FOLLOWS:
BEGINNING AT A POINT ON TNE MONUMENTED CENTER LINE OF SUUTH
LEMON STREET F169.15 FEET SOUTHEASTERLY FROM A CEMENT MONUMENT
MARKING THE POINT OF INTERSECTION OF THE MONUMENT CENTER
LINES OF SOUTH LEMON AND WEST SOUTH STREET; THENCE SOUTHERLY
A;,ONG SAID C6NTER LINE OF SOUTH LE~tON STREET 50 FEET; THENCE
SOUTH 74° 16' 45" WEST, 185.37 FEET TO AN OLD 2 7~ 2 S"'AKE
THENCE NORTHERLY PARALLEL WITH SAID CEt]TER LINE OF SOUTH
LEF10N STREET 50 FEET; Tti6NCE EASTERLY PARALLEL WITH SAID
CENTER LINE OF WEST SOUTH STREET 185.37 ['EEi TO THB POINi OF
BEGINNZNG.
EXCEPT THE EASTERLY 31.25 FEET.
WHEREAS, the Citl Planning Commission did hold z public hearing at
the Civic Center in the City of Anaheim on April 15, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and agaitist said p~oposed varience and to
investigate and make findings anr3 recommendations in connection therewith; and
WHEREAS, said Commission, af~et due inspection, investigation and
study made by itself and in its beha;f, and after due consideration of all
evidence and reports offered at said hearing, does Eind and determine the
following facts:
1. That the petil-ioner proposes waivers of the Eolluwing to
construct a 2-unit addition to an existing single-family dwelling:
(a) SECTIONS 18.04.043.101 - hlaximum fence heiqht.
AND 18.32.U64.070 (36 inches permitted in front setback;
5 feet existing and F:,posed)
(b) ~~C•PIONS 18.32.063.022 - Dfinimum sideyard setback and minimum
AND 18.32.065.020 w~dth of pedestrian accesswa~,
(8 feet adjacent to norL•h propecty line
required; 5 feet exi~ting and pruposed)
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(c) SECTIONS 18.06.U5U.0121, - Requiced type of parking spaces.
18.OG.080 (8 spaces: 6 covered and 2 open requzred;
AND 18.32.066.010 8 spaces: 2 covered and 6 open pcoposed)
(d) SEC'PION 18.32.066.052 - Vehic~lar backing onto public streets.
(Vehicular backing onto public streets
prohibited; vehicular backing onto Lemon
Str~e~ pcoposed)
2. That the above-mentioned waivers (a) and (d) are hereby granted
on the basis that there are ~oecial circumstances applicable to the property
such as si.ze, shape, topogcaphy, location and surroundings which do not apply to
othec identically zoned property in the same vicinity; and that strict
application of the Zoning Code deprives the property of pcivi.leges enjoyed by
other properties in lhe identical zone and classification in the vicinity.
3. That the above-mentioned waiver (c) ia hereby granted on the
basis that tti~ parking variarce will not cause an increass in traffic congestion
in the immediate vicinity nor adversely aff.ect any adjoining land usec; and that
the granting of the parking variance under the conditions imposed, if any, will
not be detrimental to the peace, health, safety or general welfare of the
citizens of the City of Anaheim.
4. That there are exceptional or extraocdinary circumstancee or
conditions applicable to the propecty involved or to the i.ntended use of the
property that ao not apply generally to the property or class of use in the same
vicinity and zcne.
5., That the requested variance is necessacy for the preservation and
enjoyment of a substantial property righc possessed by other property in the
same vicinity and zone, and denied to the property in question.
6. That the cequested variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
7. 'Phat no one indicated their presence at said pub2ic hearing in
opoosition; and that no corresoondence wa: received in opposition to subject
petition.
ENVtRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the p~oposal to construct a 2 apartment unit addition to
a lot currently developed with an existing single-family dwelling with waivers
of maximum fence height, minimum sideyard setback and minimum width of
pedes ian accessways, required type of parking spaces, and prohibited vehicula~
back..~y onto public atreets, on a rectangularly-shaped paccel of land consisting
oE appro;cimately 7,65U sguare feet having a frontage of approximately 50 feet on
the west side of Lemon Stceet, ar~~ further described as 869 South Lemon Street;
and does hereby approve the Negative lleclaration upon finding 'that it has
considere~ the Negative Declazation togethec with any comments received during
the public review process and further finding on the basi~ of the initial study
and`any comments received that there is no substankial evidence that the project
will have a significant effect on the environment.
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(c) SECTIONS 18.06.050.0121, - Required tvpe of parkinU spaces
18.06.080 (8 spaces: 6 covered and 2 open required;
AND 18.32.066.010 8 spaces: 2 covered and 6 open proposed)
(d) SECTIOtd 18.32.066.062 - Vehicular backing onto public streets
(Vehicular backing onto public atreets
prohibited; vehicular backina on~o Lemon
Street oropoced)
2. That the above-mentioned waivers (a), (b) and (d) are hereby
granted on the basis that there are special circumstances applicable to the
property such as si~e, shape, topography, lucation and surroundi~gs which do not
apply to other identicaliy zoned property in the same vicinity; a~id that strict
application of tl~e ZonJ.ng Code d~prives the property of privilege, enjoyed by
other properties in the identical zone and classification in the vic=nity.
3. That the above-mentioned waiver (c) is hereby granted o~ the
basis that the packing variance will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect any adjoining land uses; and that
the granting of the parking variance under the conditions imposed, if any, will
not be detrimenl•al to the peace, health, safety or gerteral. welfare of the
citizenc of the City of Anaheim.
4• Tt~at there are exceptional or extcaordinary circumstances or
cor.ditions applicable to the property involved or to the intended use of thE
property that do not aFP1Y genezally to the property or class of use in the same
~~zcinity and zone,
~• That the reyuested variance is necessary for the preservation and
enjoymant of a substantial property righk possessed by other property in the
same vicinity ~nd zone, and denied to the property in question.
6- That the requested variance wiil not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
~• ='•`~~= ~•~ ~t~~ ir~.]ic~i.eu ei~~ir presence at said publi.c hearing in
opposition; and that no c~rrespondence was rece?ved in opposition to subject
petition.
ENVIRUNMEN:AL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 2 apartment unit addition to
a lot currently developed with an existi~g single-family dwelling with waivers
of maximum fence height, minimum sideyard setback and minimum width of
pedestrian accessways, required type of parking spaces, and prohibited vehicular
backiny onto public streets, on a rectangularly-shaped parcel of land consisting
of approximately 7,650 squaru fect having a frontage of approximately 50 feet on
the west side of Lemon Street, and further described as 869 South Lemon Street;
and does hereby approve the Negative Declaration upon finding that it has
co~sidered the Negative Declaration together with ar,y comments seceived during
the public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the project
will have a significanr effect on the environment.
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tJOW, THERLFORE, BE ZT RESOLVED that the Attaheim City Flanning
Commission does hereby grant subject Petition for Variunce, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use oE the subject property in or,3er to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 10 feet in width
~;~ from the centerline of the alley for alley widenin
9 P~zPoses.
z• That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes aiong Lemon Street in an amount as
determined by the City Council.
! 3. That prio~ 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 for each new dwelling unit.
4. That prior to issuan:e 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.
5• That street lighting facilities along Lemon Street shall be
installed as required by the Utilities General Manager in accorda.nce
with speciEications on file in the Office of Utilities General
Manager, and that security in the form oL a bond, certificate of
depoeit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City
to guarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of
Anaheim prio: to issuance of building permits. The above-required
improvements shall be insl-alled prior to occupancy.
6, That the Lemon Street driveway apptoach shall be twelve (12) feet
wide and shall be constructed with 10 foot radius curb returns to
the satisfaction of the City Traffic Engineer,
7. That drainage of subject property shall be disp~,ed of in a manner
satisfactury to the City Engineec.
B• That subject property shall be served by underground ul•ilities.
9. That prior to commencement of structural framing, fire hy~rants
shall be installed and charged as required and ~etermined to be
necessary by the Chief of l-he Fire Department.
lU. That trash storage areas shall b2 providEd and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
11. That prior to final street inspections, "No parking for street
sweeping" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with said division.
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12. That all air conditioning facilities shall be ocogerly shielded from
view, and the sound buffered from adjacent residential properties.
13. That the existiny structure Ehall be brought up to the minimum
standards of the City of Anaheim, including the Uniform IIuilding,
Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
14. That subject property shall be developed substantially in accordance
with plans and specifications on file with the Cit,y of Anaheim
marked Exhibit Nos. 1 and 2.
15. That prior to issuance of a building permit, or within a period of
one year from the date of this resolution, whichever occur~ first,
Condition Nos. 1, 2, 3, 4 and 5, above-menl•ioned, shall be complied
with. Extensions for further time to complete said conditions may
be gcanted in accordance with Section 18.0;.090 of the Anaheim
Municipal Code.
16. That prior to final building and zoning inspections, Condition Nos.
6. 7, 8, 10, 12, 13 and 14, abov~-mentioned, shall be complied with.
BE IT FUFTHER RESOLVED that the Anaheim City Planning Commission
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 conditicn, or anp part thereof, be
declared invalid or unenforceable by the final judgment of any court of
con,petent jurisdiction, then this Resolution, ~nd any approvals herein
contained, shall be deemed null and void.
THE FOTtEG0iP7G RESOLUTION is signed and apppp roved by me this 15th day
of April, 1985, ` . / /,. ^ ~/% / -
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'`~~~//-~i~ Cflll.~vl'!~"
-"'CHAIRF~AN, ANAHEIt~I CITY PLANNING COMMISSION
ATT~;ST :
~0~~~ ~ =s
SECRETARY~ ANAHEIPI CITY PLANNING COMMISSION
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STATE OF CALIFURNIA )
COUNTY OF ORANGE ) ss.
~ITY OP ANAHEIPI )
I, E,jith L. Harris, Secretary of the Anaheim City Plannina
Cotiunission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting ~~f ciie ~naheim City Planning Commission held on April 15,
1985, by the following vote of the members thereof:
AYES: COMIdISSIONERS: BOOAS, BUSNORE~ FRY, Y.ERBST~ KING~ MC BliRNEY
NOES: COhIMISSIONERS: NUNE
T.BSENT: COMMISSIOn~RS: LA CLAIRE
IN WzTNBSS WHEREOE, I have hereunto set my hand this 15th day of
April, 1985. /'
tfi ~ iC• ~i~w 4~
SRCRF.TARY, ANAHGIM CITY PLANNING COMMISSION
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PC85-102
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