RES-1989-118RESOLUTION NO. 89R-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3117, IN PART.
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
from MATTHEW FRANK GOLONKA AND RITA ELIZABETH GOLONKA, 1403 Trenton
Drive, Anaheim, CA 92802, owners, and MORRIS CARMODY, 1044 Verona
Drive, Fullerton, CA 92635, to permit a 631 sq.ft. 'granny
unit'upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
LOT 87 OF TRACT NO. 2181, AS PER MAP RECORDED IN BOOK
62, PAGES 40 AND 41 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. PC89-33 granting
Conditional Use Permit No. 3117, in part.
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 consi-
deration 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 adjoin-
ing 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
18.06.080 of the Anaheim Municipal Code are not present and that
said waiver(s) should not be granted due to the withdrawal of the
waiver request by the applicant:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3117 be, and the same is hereby,
granted in part permitting a 631 square foot "granny unit" on the
hereinabove described real property subject to the following
conditions:
i ·
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 established by City Council
resolution.
·
That sidewalks shall be installed along Trenton Drive as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of
the City Engineer.
·
That five (5) parking spaces shall be maintained on-site at
all times.
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.
·
That the new construction authorized by this resolution
shall be served by underground utilities.
·
That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view, and the sound buffered from adjacent residential
properties.
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·
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 (60) years of age or older; and
furthermore, shall record a 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. Proof of recordation shall then be submitted
to the Zoning Division.
·
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit No. 1.
·
That the record owner(s) of the property shall record an
unsubordinated covenant in a form approved by the City
Attorney agreeing that said second dwelling ("granny unit")
shall not be rented or leased to any person or persons for
any valuable consideration. Any violation of said covenant
shall be deemed a violation of the conditions of this
conditional use permit.
10. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 4, 7 and 9,
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.
11. That prior to final building and zoning inspections,
Condition Nos. 2, 5, 6 and 8, above-mentioned, shall be
complied with.
12. 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 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
ali 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this llth day of April, 1989.
_f~I~AYO'R-OF THE-%~ITY OFC.~.]~I~IJ~ ~
ATTEST:
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041389
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CLERK
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. 89R-118 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the llth day of April, 1989, by the following vote of the members thereof'
AYES'
COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-118 on the 18th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of April, 1989.
(S~]AL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-118 duly passed and
adopted by the Anaheim City Council on April 11, 1989.
~.CITY CLERK OF THE CITY OF ANAHEIM