RES-1989-221RESOLUTION NO. 89R-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3130.
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 DANIEL HALE AND PHYLLIS HALE, 519 N. Olive Street, Anaheim,
CA 92805, owners to construct and maintain a three hundred sixty
(360) sq. ft. "granny unit" upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
LOT 106 IN BLOCK "H" OF "HEIMANN AND GEORGE'S ADDITION
BUILDING LOTS' Ag PER MAP RECORDED IN BOOK 2, PAGE 240
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, CITY OF ANAHEIM; 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. PC89-10Z granting
Conditional Use Permit No. 3130; 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 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
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,
Conditional Use Permit No. 5150 be, and the same is hereby,
granted permitting a three hundred sixty (560) sq. ft. "granny
unit" 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)
SECTION 18.26.065.050 - Minimum rear yard setback.
(10 feet required';. 9' 'f'eet
e xi s t'i n'g )
subject to the following conditions:
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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 the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
thirty two (32) feet in width from the centerline of the
street along Olive Street for street widening purposes.
·
That a fee shall be paid to the City of Anaheim for street
lighting along Olive Street in an amount as established by
City Council resolution.
That sidewalks, curbs and gutters shall be repaired along
Olive Street as required by the City Engineer and in
accordance with standard plans and specifications on file
in the Office of the City Engineer.
·
That a fee shall be paid to the City of Anaheim for tree
planting along Olive Street in an amount as established by
City Council resolution.
·
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 plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City
of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim. The appropriate permits shall be
obtained for any necessary work.
·
That the legal owner o£ 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.
10. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 1 of Exhibit No. 1, and
Exhibit No. 2.
-3- CUP 3130
11. That the property owner shall record a covenant stipulating
that the "granny unit" shall not be used for rental
purposes. The covenant shall be approved by the City
Attorney as to form prior to recordation with the Office of
the Orange County Recorder. A copy of the recorded
covenant shall then be furnished to the Zoning Division.
12. 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, 2, 3, S, 6, 8, 9
and 11, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may
be granted in accordance with Section 18.05.090 of the
Anaheim Municipal Code.
15. That prior to final building and zoning inspections,
Condition Nos. 4, 7 and 10, above-mentioned, shall be
complied with.
14. 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
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 6th day of June,
1989.
~_~AYOR OF THE~ 0F/~AHEIM ~
AT~~ . ~
CITY CLERK OF THE CITY OF ANAHEIM
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5168L
061989
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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-221 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of June, 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-221 on the 20th day of June, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of June, 1989.
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. 89R-221 duly passed and
adopted by the Anaheim City Council on June 6, 1989.
CITY CLERK OF THE CITY OF ANAHEIM