PC 85-218RESOLU;IUN N0. PC85-218
A R~SOLUTION OF THE ANAHF,IM CITY PLANNING COMMISSION
THAT PETITSON FOR VARIANCE N0. 3508 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receiva a veriPied
Petition for Variance from SANTIAGO D, DUF.NAS AND SALVADOR D. DUENAS, 519 East
Adele 5treet, Anaheim, California 92805, owners of cectain real property
situated in the City of Anaheim, County of Orange, SCate of. California
described as:
LOT 12 IN BLOCK 2 OF "THE OLIVE STREET TRACT'~ IN THE CITY OF
ANAHEIPI AS PER MAP RECORDED SN B00~ 5, PAGE 3 OF MISCELLANEOUS
NIAPS IN LHE OFF'ICE OF THE RECORDER OF SAID COUNTY.
the civic Center ~int the C tyPOf Anaheirtmon S pt mberh30a 1985b]at 1e30ing at
notice of said public heariny having been dul P'm "
accordance with the provisions of the Anaheim 91u ic pal eCodeedChapter 18a03n
to hear and conside- evidence for and against said propo~ed variance and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study nade by itself and in its beha~f, and after due consideration of a11
evidence and reports offered at said hearing, does find and determine the
following facts:
1• That the petitioner proposes waivers of the following to
construct a second attached dwelling to create a duplex:
SF.CTIUNS 18.34.063.021 - Minimum sidevard setbacks.
AND 18.34.063.022 (16 feet ad7acent to east
feet adjacent to west pr~P~rty line and 19
property line required;
14 and 7 peet respectively proposed)
2• That the above-menrion~d ~c~_~;eT~ ur~ Le[euy granted ou the basis
cn.~r, there are special circumstances applicable to the property such as size,
shaue, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict applic:~tion
of the Zoning Code deprives the property of privileges enjoyed by c~ther
properties in the identical zone and classification in the vicinity.
3. That there a:e exceptional or estraordinary circumstances or
c~nditions applicable to the propezty involved or to the intended use of the
property that 9o not apply generally to the property or class of use in :`.he
same vicinity antl zone.
4• That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the
same vicinity and 2one, and denied to the property in question.
5• That the requested variance will not be mal•erially detrimental to
the public welfare or injurious to the property oc improvements in such
vicinity and zone in which the property is located.
0623r
PC85-218
6• That no one indicated their presence at aaid public heacing in
oppusition; and that no correspondence was received in opposition to subject
petition.
ENVIRON6IENTAL IMPACT FINDING: The Planning Director o.r his
authorized representative has determined that the
within the detinition of Categorical Exemptions, Classr5p~ as define~~in athe
"' State EIR Guidelines and is, therefore, categorically exempt from the
' requirement to prepa[e an EIR.
NOW, THL•'REFORE, BE IT RESOLVED that the Anaheim City Plannin9
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall pay to the City of Anaheim
a fee for street lighting along Adele Street in an amount as
determined by the City Council.
Z• That the owner oE subjec~ property shall pay to the City of Anaheim
a fee for tree planting purposes along Adele Street in an amount as
dete:mined by the City Council.
3• 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 determine~ by the City Council.
~• signalrassessmentUf ee hall bbelp id Pto mthe it ~ppropriate traffic
amount as determined by the City Council for each new dwelling unitan
5. That the owner uf 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,
b• That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
7. That subject property shall be dev~loped substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 throuya 5.
8. 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-mentione9, shall be complied
with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.U3.09Q of the Anaheim
Municipal Code.
9- That prior to Final building and zoning inspections, Condition Nos.
6 and 7, above-mentioned, shall be complied with.
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PCp5-218
-~,
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does heceby find and determine that adoption of this Resolution is expressly
~~redicated upon applicant's compliance with each and all of the condition~
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, ~hall bP deemed nuli and void.
THE FOREGOING RESOLUTION is signed and appraved by me this 30th day
of September, 1985. / ~
~~~ ~; ~.(i ~ ~ j~cc G`=~~~ ~'
CHAIRWOMAN, ANAHEIM CITY PLANNING COMPIISSION
ATTEST;
~LC~~.c-lv ~ /`l~l~/I~L~~
SECRETARY~ ANAHESM CITY PLANNING COFiMISSION
STATE OF CALIFORNIA )
CUUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith .~. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on September
30, 1985, by thc following vote of the memUer~ tneceoE:
AXES: COMMISSIONERS: HOUAS, FRY~ HERBST, LA CLAIRE, LA[4ICKI~ MC BURNEY~
MESSE
NUES: CUMMZSSIONEF.S: tlOClE
ABSENT: COMMISSIONF.RS: NONE
IN WZTNESS WHEREOF, I have hereunto seL my hand this 30th day of
September, 1985.
~-- ' v /
. ~~ ~ L~~ .'. - ~ ;, G ~t. ~~~
SECRETARY~ ANAHEIM CITY PLANNZNG COMMISSION
-3' PC35-218