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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: ~"-- /( ~ CITY CLERK OF THE CITY OF ANAHEIM BG:fm l634L Ol2l87 -3- 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. ~~7(~ 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. ~o. /{ ~ CITY CLERK OF THE CITY OF ANAHEIM