84R-208
RESOLUTION NO. 84R-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2552.
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WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from N. ARETTA MERKET, et al., 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 60 OF TRACT 1098 AS PER MAP RECORDED IN BOOK 39
PAGES 1 AND 2 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE 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. PC84-67 granting
Conditional Use Permit No. 2552; 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 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.
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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.
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. 2552 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,
subject to the following conditions:
1. That due to the change in use and/or occupancy of the
structure, 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. 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, both of whom are related
to the owner(s) of the subject property by blood or marriage; nO
rental of said dwelling unit shall be permitted; and the owner(s)
of the subject property shall record a covenant against the
property so restricting the occupancy of said unit. 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.
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5. That prior to issuance of a building permit, the
applicant shall present evidence satisfactory to the Chief
Building Inspector that the residential units will be in
conformance with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
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6. That prior to issuance of a building permit, the
applicant shall present evidence satisfactory to the Chief
Building Inspector that the proposed project is in conformance
with Council Policy Number 542 "Sound Attenuation in Residential
Projects."
7. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 3.
8. 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 l8.03.090 of the Anaheim
Municipal Code.
9. That prior to final building and zoning inspections,
Condition No.7, above-mentioned, shall be complied with.
lO. 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.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of June, 1984.
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ATTEST:
CITY
JLW: fm
2674M
6/15/84
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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. 84R-208 was introduced and adopted at a regular
meeting provided by law, of the 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-208 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.
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C!TY 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. 84R-208 duly passed and
adopted by the Anaheim City Council on June 5, 1984.
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. CITY CLERK ~
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