88-414RESOLUilON NO. 88R-414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3073.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from OSWALDO VASQUEZ AND ANAB. VASQUEZ, 1134 Lomita Place,
Anaheim, CA 92801, owner, and DAVID PETERS, 610 West Broadway,
#111, Anaheim, CA 92805, agent, to permit a 640-square foot,
second residential dwelling ("granny unit") upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOT 22 OF TRACT NO. 2373 AS PER MAP THEREOF RECORDED
iN BOOK 68, PAGES 17 AND 18 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 ail evidence and reports offered at
said hearing, did adopt its Resolution No. PC88-291 granting
Conditional Use Permit No. 3073; 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 t~old 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 generat welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Ose Permit No. 5075 be, and the same is hereby,
granted permitting a 640-square foot, second residential dwelling
("granny unit") on the hereinabove described real property,
subject to the following conditions:
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 determined by
City Council resolution.
That sidewalks shall be repaired along Lomita Place as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
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 ail air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded
from view, and the sound buffered from adjacent
residential properties.
That prior to issuance of a building permit, evidence
shall be presented satisfactory to the Building
Division that the proposed project is in conformance
with Council Policy Number 542 "Sound Attenuation in
Residential Projects" and with Noise Insulation
Standards specified in the California Administrative
Code, Title 25.
That the legal owner of subject property shall restrict
the occupancy of the granny unit to one or two 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 Nos. 1 and 2.
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, 3, 6, and 7,
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.
10.
That prior to final building and zoning inspections,
Condition Nos. 2, 4, 5, and 8, above-mentioned, shall
be complied with.
il.
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.
TItE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of November,
1988.
ATTEST~ ':
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
2834L
113088
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. 88R-414 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of November, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 88R-414 on the 5th day of December, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 5th day of December, 1988.
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. 88R-414 duly passed and
adopted by the Anaheim City Council on November 29, 1988.
CITY CLERK OF THE CITY OF ANAHEIM