88-327RESOLUTION NO. 88R-327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3027.
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 ROBERTO I. NOGALES and ALEJANDRA G. NOGALES, 817 W.
North Street, Anaheim, California 92805, owners, to permit a 611
square foot "granny unit" pursuant to Government Code Section
65852.1 upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF LOT 38 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP OF SURVEY OF WILLIAM HAMEL,
DATED DECEMBER 11, 1968 AND FILED IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT
38, DISTANT THEREON 894.542 FEET EASTERLY FROM THE
SOUTHWESTERLY CORNER OF SAID LOT 38, AND RUNNING
THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF
SAID LOT, 201.25 FEET; THENCE EASTERLY, PARALLEL WITH
THE SOUTHERLY LINE OF SAID LOT; 60 FEET; THENCE
SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT
201.25 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE, 60 FEET TO THE
POINT OF BEGINNING; 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, a£ter 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. PC88-181 granting
Conditional Use Permit No. 3027; 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
in which it is proposed to be located.
area
5. 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
18.05.040 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. 3027 be, and the same is hereby,
granted permitting a 611 square foot "granny unit" pursuant to
Government Code Section 65852.1 on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
SECTION 18.25.063.030
Minimum Rear Yard Setback.
(25 feet required; 17 feet
proposed)
subject to the following conditions:
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1. 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.
2. That a fee shall be paid to the City of
tree planting along North Street in an amount as
City Council resolution.
Anaheim for
determined by
3. That prior to issuance of a building permit,
appropriate park and recreation in-lieu fees shall be paid
the City of Anaheim in an amount as determined by the City
Council.
to
4. That the new construction authorized by this resolution
shall be served by underground utilities.
5. 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.
6. 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.
7. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Exhibit No. 1; provided, however, that a
six (6) foot high block wall shall be constructed along the
easterly property line as measured from the highest grade and
that the entrance of the "granny" unit shall face the south
(towards North Street).
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 and 6, 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.
9. That prior to final building and zoning inspections,
Condition Nos. 4, 5 and 7, above-mentioned, shall be complied
with.
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10. 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
City Council of
1988.
FOREGOING RESOLUTION is approved and adopted by the
the City of Anaheim this 23rd day of August,
MAYOR~'~
OF THE ~
OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JL~:fm
2698L
082588
-4-
CLEPdt
S~ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONOPOt N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-327 was introduced and adopted at a regular
meeting provided by law, of the City Council of tile City of Anaheim held on
the 23rd day of August, 1988, by the following vote of the members thereof:
AYES:
COUNCIL ~EMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL M~tBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-327 on the 21st day of September, 1988.
iN WITNESS WHERJCOF, I have hereunto set my hand and affixed the official seal
of the City of Amaheim this 21st day of September, 1998.
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-327 duly passed and
adopted by the Anaheim City Council on August 23, 1988.
CiTY CLERK OF THE CITY OF ANAHEIM