1985-216RESOLUTION NO. 85R-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3473.
WHEREAS, after a request for variance by CYPRIEN DUHART
and CATHERINE DUHART, owners, 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. 3473
was granted covering the following described property:
THAT PORTION OF THE DREYFUS AND OTHER TRACT, AS SHOWN
ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH
IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS
ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE MONUMENTED CENTER LINE OF
SOUTH LEMON STREET 869.15 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 ALONG SAID CENTER LINE
OF SOUTH LEMON STREET 50 FEET; THENCE SOUTH 74° 16'
45" WEST, 185.37 FEET TO AN OLD 2 X 2 STAKE THENCE
NORTHERLY PARALLEL WITH SAID CENTER LINE OF SOUTH
LEMON STREET 50 FEET; THENCE EASTERLY PARALLEL WITH
SAID CENTER LINE OF WEST SOUTH STREET 185.37 FEET TO
THE POINT OF BEGINNING.
EXCEPT THE EASTERLY 31.25 FEET; 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; and
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
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1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
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 permitting a two (2)-unit addition to an
existing single-family dwelling on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTIONS 18.04.043.101 - Maximum fence height.
AND 18.32.064.070 (36 inches permitted in
front setback; 5 feet
existing and proposed)
SECTIONS 18.32.063.022
AND 18.32.065.020
SECTIONS 18.06.050.0121 -
18.06.080
AND 18.32.066.010
- Minimum sideyard setback
and minimum width of ped-
estrian accessways.
(8 feet adjacent to north
property line required;
5 feet existing and pro-
posed)
Required type of parking
spaces. (8 spaces: 6
covered and 2 open
required; 8 spaces: 2
covered and 6 open pro-
posed)
SECTION 18.32.066.062 - Vehicular backing onto
public streets. (Vehicu-
lar backing onto public
streets prohibited; vehic-
ular backing onto Lemon
Street proposed)
That said variance be granted subject to the following conditions:
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 widening purposes.
2. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Lemon Street in
an amount as determined by the City Council.
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3. 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 for each
new dwelling unit.
4. 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.
5. That street lighting facilities along Lemon Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager, and that security in the form of a bond,
certificate of deposit, 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 prior to issuance of building permits. The
above-required improvements shall be installed prior to occupancy.
6. That the Lemon Street driveway approach 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 disposed of in
a manner satisfactory to the City Engineer.
8. That subject property shall be served by underground
utilities.
9. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
10. That trash storage areas shall be 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.
12. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
residential properties.
`"'~ 13. That the existing structure shall be brought up to the
minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes
as adopted by the City of Anaheim.
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14. 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.
15. That prior to issuance of a building permit, or within a
~-- period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 4 and 5, 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.
16. That prior to final building and zoning inspections,
Condition Nos. 6, 7, 8, 10, 12, 13 and 14, 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of May, 1985.
/L.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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070385
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-216 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of May, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-216 on the 28th day of May, 1985.
IN WI'I'I~TESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of May, 1985.
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. 85R-216 duly passed and
adopted by the Anaheim City Council on May 28, 1985.
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CITY CLERK