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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 ; _ „, ~