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84R-209 RESOLUTION NO. 84R-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2558. 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 JAMES KENNETH DEMPSTER and MARION EVELYN DEMPSTER, owners, to permit a second dwelling unit, pursuant to the authority of Section 65852.1 of the Government Code of the State of California, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 39 OF TRACT NO. 2350 AS PER MAP RECORDED IN BOOK 69 PAGES 45 THROUGH 47 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. PC84-68 granting Conditional Use Permit No. 2558; 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 reportsi 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 18.03.040 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 granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2558 be, and the same is hereby, granted permitting a second dwelling unit, pursuant to the authority of Section 65852.1 of the Government Code of the State of California, on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.26.063.030 Minimum rear yard setback (IO feet required: 5 feet proposed) subject to the following conditions: 1. That due to the change in use and/or occupancy of the building, 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. -2- "..,.,~'__. ..-',"____,,'_>1'._ -+-- 2. That the owner(s) of subject property shall restrict the occupancy of the granny unit to one or two adults, both of whom are over sixty (60) years of age, and both of whom are the owner(s) of the subject property; no rental of either dwelling unit shall be permitted; occupancy of the main dwelling unit on the subject property shall be limited to persons related to the owners of the subject property by blood or marriage; and the owner(s) of the subject property shall record a covenant against the property so restricting the occupancy of said units. Said covenant shall be submitted to the Planning Department for transmittal to the City Attorney's Office for review and approval prior to recordation and that proof of recordation shall then be submitted to the City. 3. That prior to issuance of a building permit, primary water extension fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 4. 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 the City Council for each new dwelling unit. 5. 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. 6. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. land 2, 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 prior to final building and zoning inspections, Condition No.5, above-mentioned, shall be complied with. 8. That the use authorized by this conditional use permit shall terminate and this permit shall be deemed null and void upon the sale, transfer or conveyance of ownership of the subject property, or any portion or interest thereof, or upon the failure of the owner(s) of the subject property to occupy said second dwelling unit, whichever occurs first. 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 unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. -3- "'-"''''''''''.~.-.,-,_'_'''''-- --=.~".__."'"~-- THE FOREGOING the City Council of the 1984. RESOLUTION is approved and adopted by City of Anaheim this 5th day of June, 4~a. MAYOR OF THE C~ ANAHEIM ATTES~ ~ ~t:L~/[~ CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2697M 6/2l/84 -4- ~'_.'...~" "''"''-''-''--'-''._'''~---''.' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Cleock of the City of Anaheim, do hereby certify that the foregoing Resolution NO.1 84R-209 was introduced and adopted at a regular meeting provided by law, of ~he City Council of the City of Anaheim held on the 5th day of June, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-209 on the 5th day of June, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of June, 1984. .~<L- r'l{~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clark of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-209 duly passed and adopted by the Anaheim City Council on June 5, 1984. ~>{i:'~ CITY CLERK " ."~.,,~,,".,.,...._~,",,,;,"