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2003-151RESOLUTION NO. 2003R-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003-04665. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit and retain an attached second unit in conjunction with an existing permitted single-family residence upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 99 OF TRACT 2400 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69, PAGES 20 AND 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2003-57 denying Conditional Use Permit No. 2003-04665; 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 duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2003-04665 be, and the same is hereby, granted to permit and retain an attached second unit in conjunction with an existing permitted single-family residence on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Section 18.26.063.020 Minimum side yard setback. (5 feet required; none existing and proposed from the north property line along Academy Avenue) subject to the following conditions: 1. That the legal owner of subject property shall restrict the occupancy of the granny unit to one (1) or two (2) adults, both of whom are sixty-two (62) years of age or older, and shall specify that no rental fee shall be charged for occupancy of the granny unit and, furthermore, - 2 - shall record an unsubordinated covenant against the property so-restricting the occupancy of said unit. Said covenant shall be submitted to the Zoning Division for transmittal to the City Attorney's office for review and approval prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 2. That the legal owner of the subject property shall occupy either the primary single-family residence or the granny unit. The granny unit shall be accessory to the primary residence on the lot. An unsubordinated covenant against the property so-restricting the occupancy of said unit shall be recorded. Said covenant may be incorporated into the above-referenced (Condition No. 1) covenant and shall be submitted to the Zoning Division for transmittal to the City Attorney's office for review and approval prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 3. That the existing granny unit structure, including the breezeway connecting it to the main residence shall comply with all applicable minimum standards in effect at the time of construction as evidenced by a letter prepared and presented to the Building Official by a licensed architect or engineer with a wet stamp signature. The letter shall specifically address compliance with the following items previously identified by the Building Division in the memo dated April 3, 2003, which itemized nine specific code violations. In addition, this letter shall specifically state compliance with the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim and in effect circa 1955. No fees associated with issuance of a building permit shall be required since no building permit will be issued for the structure. (a) T he north exterior wall ofthe structure at the north property line has zero set back and lacks the required fire protection. (b) The structure does not appear to have the required foundation. (c) The finish floor level for the useable space is not 6" above grade. (d) There is no evidence of the required moisture barrier under the unit's concrete slab. (e) There is no evidence that graded lumber was used for framing or that framing connections meet seismic requirements. (f) There is no evidence that the walls and ceiling of the unit are properly insulated. (g) The block wall fence is not designed for additional wall or roof loads. (h) Utilities to the unit are supplied by improper installation of plumbing waste, vents, water, sewer, gas lines and electrical systems. (i) The electrical service meter is unlisted for use by the Electrical Utilities - 3 - Department and is not properly grounded. 4. That a minimum of 2 garage spaces and 3 uncovered spaces shall be provided on-site for the primary residence and granny unit. Said spaces shall be approved by the Zoning Division and City Traffic and Transportation Manager and shall be maintained in compliance with Chapter 18.06 (Vehicle Parking and Loading Requirements). 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 Revision No. 1, Exhibit No 2 Revision No. 1, and Exhibit No 3 and as conditioned herein. 6. That within a period of ninety (90) days from the date of this resolution, 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. 7. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council 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 conditions, 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 22nd day of July, 2003. MAYOR OF OF ANAHEIM ATTEST: C~I/'-I'Y CLERI~ OF THE crrY OF ANAHEIM 50732.1 - 4 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-151 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of July, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None Qf'TY CLERK"OF THE~'~ITY OF ANAHEIM (SEAL)