PC 85-256RESOLUTION N0. PC85-256
A RESOLUTION OF THE ANAHEIM CITY PLANNIP:G COMMISSTON
THAT PETITION FOR r_ONDITIONAL USE PERMZT N0. 274C BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Pelition for Condir_ional Use Permit from JOSE RAMOIt CABRERA AND MARGARITA
CABRERA, 300 Nocth Carol Drive, Anaheim, California 92801, owner, and JOSE R.
CnBRERA, JR., 300 North Carol bcive, Anaheim, ~alifornia 92801, agent for
c~ctain ceal pcoperty situated in the City of Anaheim, County of Orange, State
~E ~alifornia, dPSCCibed as:
L07' 3, BLOCK D OF TRACT 373, AS PER MAP P.ECORDED IN BOOK 15~
FAGE 99 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RE.':ORDER OF SAIU COUNTY.
WsEREAS, the City Ylanning Commission did hold a public hearing at
the Civic Centec in the Cit-y of Ar.aheim on November 25, 1985, at 1:30 p.m.,
notice of said p::blic hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to heac and consider evidence foc and against said proposed conditional use
permit and tu investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, aftPc due inspection, irtveatigation and
study made by itself znd in its behalf, and after due con~ideration of all
evidence and reports offered at said h~aring, does find and determine the
folloWing facts:
1. That the proposed use is prope[ly one fo[ which a conditional use
permi.t under authority of Government Code Section 65852.1 to construct an
attached second-fartiily (granny) unit and a coan addition to a single-far.tily
residence with waiver of the following:
SE(7TION5 18.06.OSO.U]1, - Minimum nutnbec of oarkin~ snaces.
18.06.050.0132, ;5 spaces cequired; 4 spaces proposed)
18.06.OII0 AND
18.26.066.010
2. That the requested :aaiver is hereby gsanted that the parking
waiver will not cause an inccease in traffic congestion in the immediate
vicinity nor adversely affect any adjoining land uses and granting of the
parking waivec under the corditions imposed, if any, will ~ot be detrimental
to the peace, health, safety and general w=lfare of the citizens of the City
of Anahein.
3. That the prup~~ed use will not advecsely affect the adjoining
land u3es and the growth and developr,:~nt of the acea in which it is proposed
to be located.
4. That 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 a~ea nor to the peace, health, safety a.nd
gener.al welfa~e of the Citizens of the City of Anaheim.
0663r
PC85-25G
~:tic:~,;.<,;.. .
5. That the granting of the Conditional Uce Permit under the
conditions imposed, if any, will not be detrimental to the p~ace, health,
safety a~~d genecal welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impase an
undue burden upon the streets and highways desiyned and improved to carry the
tcaffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no ^.orrespondence was received in oppositio~ to the
subject petition.
ENVIRONMENTAL IMPACT F'INDING: That khe Anal~eim City P1annLng
Commission has reviewed the proposal to con~tcuc~ an attachr, second-family
(granny) unit and a room addition to a single-fartiily residence with waiver of
minim~m number of parking spaces on a rectangularly-shaped parcel of land
consistiny of approximately 4,975 square feet, havi;,y a frontage of
approximately 46 feec on the east side of Philadelphia Screet and further ~I
described as 608 South Philadelphia Street; and does hereby appccve the
Negative Declaration upon finding that it has cunsidered the Negative
Declacation together with any comments received during the public review
process an~ furtner finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
siynificant effect on the e~ivironment.
NOW, ~HEREFORR, BE IT RESOLVSD Lhat the Anaheim City Planning
Commission does heceby grant subject Petition fo't Conditional Use Permit, upon
tl~e followiny conditions which are hereb:, fuund ro be a necessary prerequiFite
to the proposed use of the subject pro~erty in order to preserve the ~afety
and general welfare of the Citizens ~f the City of Anaheim:
1. 7'hat pcior to issuance of a building ~ermit, apptopriate patk ancl
recreation in-lieu fe~~s siall be paid to the City of Anaheim in an
amount as determined by tAe City Council.
2. That prior to issuaneP nr -}~~~,Za_.;y i;`,r,~`~ ~31C dpproprzate traffic
signal assessment fee shall be paid to the Ci:y of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
3. That the owner of subject property shall irrevocably ofEer to
dedicate to the City of Anaheim a strip of land 10 feet in :~idth from
the centerline of the alley for street widening purposes. l
4. That the owner of subject property shall pay to the City of Anaheim a
fee for street lighting along Philadelphia Street in an amount as
determined by the City Council.
5. That the owner of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Pf~iladelphia Street in an amount
as determined by the City Council.
-Z-
PC85-256
6. That plans shall be ~ubmitted to the Building Division showing
compliance with the minimum ctandards of the City ef Anaheim,
including the Unifo~m Building, Plumbing, Electcical, Mechanical and
Fire Codes as adopted by the City of Anaheim. The appropriate
permits shall be obtained fo: any necessacy work.
7, That the ownecs of subject pcope~ty ~hall res*_rict the occupancy of
the gcanny unit to one or two adults, both of whom are sixty (60}
years of age or older, ana furthec~.ore, shall record a covenant
against the pcoperty so ~estricting the uccupancy of said unit. Said
covenant shall be submitted to the Planning Depattment for
tcansmittal to the City Attorney`s Uffice fvz review and approval
prior to recordation. Procf of recordation sh~ll then be s~ibmitted
to L•he City.
8. That subject ptoperty shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No~. 1 thcough 3.
9. That prioc to issuance oE a building permit, or within a period of
one yeac from the date of this resolution, wtiichever occurs first,
C.ondition Nos. 1, 2, 3, 4, 5, 6 and 7, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions :nay be granted in accordance with Secticn 18.03.090 of the
Anaheim Municipal Code.
10. That prior co final building and zonin~ inspections, Conditicn 170. 8,
above-mentioned, shall be complied with.
BF. 7T FURTHER RESOLVEJ that th° Anaheim City Planning Commission does
hereby Eind and determine t'~at adoptiun of this Resolution is expressly
predicated upon applicar,t's compliance with each and all of the conditions
hezeinabove set forth. Should any such condit:c~~~, or any part thereof, be
declared invalid or unenLOCCeauie uy ~uc Cic~; jcdg.,~^~ o` ~~~ ^~~-'~ ~f
competent jurisdirtion, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE POREGOING RESOLUTION is signed and approved by me this 25th day
of November, 1985. ~
y ~~
~ sr L %i y~ Q ~~Ca-c~c~ )
CHA:RWOMAN~ ANAHCIM CITY PLANNZNG COMMISSION
ATTEST: ~~ ~ ~
SECRETARY~ ANAHEIM CITY PLANt4INti COMMISSION
-3-
PC85-256
f;. a
~:-~::~
~ -- . . . . ~:r
STATE OF CALIFORNIA )
COUNTY OF CRANGE ) ss.
CZT~ OF ANAHE:N, )
i, Edith L. Hartis, Secretary of the Anaheim City Planning
Commission, do heceby cer~ify that the foregoing resolution was passed and
adopted at a meeting of t:he Anayeim City Planning Commission h?ld on November
25, 1985, bY the iellowing vote of the membe~s theceof:
AYES: COMMISSiUNERS: BGUAS, FRY~ FiERbST, LA CLAIRE~ MC BURNEY, MESSE
PIOES: COMMISSICNERS: NONE
ABSENT: COMMISSiONERS: LAWICKI
IN WITNESS 47HEREOF, I Have hereunto set my hand this 25th day of
November, 1985.
(.r AJ.~~ /~ [~1~itn /~
SECRETAtY~ ANAHEIM CIi~Y PLANNING COMMISSION
_q_ PC85-256
i
f
t.
r
~.~..' _.., ~ . .
. ,_ '"ii=-til C~~_ ,
_ ._.~...
RESOLUTION N0. PC85-256 ~ ~~f"`"-~''`"'f'!~ ^
~"~t :i
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMDIISSION ~
THAT PETZTION FOR CUNDITIONAL USE PSRMIT N0. 2740 BE GRANTED
WNEREAS, the Anaheim City Planning Commission did ceceive a vetified
Petition for Conditional Use Per~nit from JOSE RAMON CABRER4 AND M.ARGARITA
CABRERA, 300 Nurth Carol Drive, Anaheim, California 928U1, owner, and JUSE R.
CABRSRA, JR., 300 Nort.h Catol Drive, Anaheim, Califocnia 92801, agent for
certain real property situal•ed in the City of Anaheim, County of OrangP, State
of California, described as:
LOT 3~ BLOCfc D UF TRACT 373, AS PER MAP RECORDED IN BOOK 15~
PAGE 49 OP MISCELLANEOOS MAPS IN THE OFFICE OF THE GOUN'PY
RECORDEN CP SAID CUUNTY.
WEtEREAS, the City Planning Commis^ion did hold a public hearing at
the Civic Center in r_he City of Anaheim on November 25, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law a~d in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hesr and consider evidence for and against said pcoposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
!aHEREAS, said e;ommission, after due inspection, investigation and
study made by ztself and in its behalf, and after due consideration af all
evidence and reports offered at said hearing, does find and determine the
£ollowing facts:
1. That the proposed use is proyerly one for which a cor,ditional use
permit under authority of Government :ode Section 65852.1 to construct an
attached second-family (granny) unit and a room addition co a single-family
residence with waiver of the followiig:
SnCTIONS 18.06.OSU.011, - plinimum number of parkinq spa~es
18.06.050.0132, (5 SDdCP..S reauir.ed; 4 sP~ce~ prop~sed)
18.06.080 AND
18.26.066.010
2. That the reqaested waiver is hereby granted that the parkfng
waiver will not cause an increase in traffic congestion in the immediate
vicinity nor adversely affect any adjoining .iand uses and granting of the
parking waiver under the conditions imposed, if any, will not be detrimental
to the peace, health, safety and general we]fare of the citizens of the City
of Anaheim.
~ 3. Thut the proposed ^se will not adversely affect the adjoining
land uses and the growth and ~~avelopment o£ the area in which it is proposed
to be located.
4. That the size and shape o£ 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 l•he peace, health, safety and
general welfare of che Citizens of the City of Anaheim.
4 ~
k ~
' 06b3r PC85-256
~ ~, .~ ,
~ .:.; ~
~+F~,'ps x".rr ~,\
w~r t
~4 a
~~rc
,.
tir ;•
_
, ~ .,«- ..~:::. . .
°S~"~~...'CL^,TJ,•m,._, ... . ~.......n. .. ...
`'
5. Thac the granting of the Conditional Use Permit under the
~=onditions imposed, if any, will not be detrimantal to the p~ace, health,
safety an~~ general welfare of the Citizens of the City of Anaheim.
6. That the traff:c yenerated 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.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject oetition.
ENVIRONMENTAL TMPACT FINDTNG: That the Planning Director or his
authorized representative has determined that the proposed projecl• falls
within the definition of Categorical Er,emptions, Class 3, as defined in the
State EIR Guidelines and is~ therefore, categorically exempt from the
requicement to prepare an ETR.
NOW, THEREFORE, BE IT R6SOLVED that t~A Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found r_o be a necessary prerequisite
to the prooosed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. 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 b,y the City Council.
2. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amcunt as dete:mined by the City Council for each new dwelling unit.
3. That the ow:~er of subjert property shall zrrevocably offer to
dedicate .o the Cily uf Anaheim 4 strip of land 10 feet in width from
the centerline of the ailey for street wideninq purposes.
4. ihat the owner of subject property shall pay to the City of Anzheim a
fee for street lighting along Philadelphia Street in an amount as
determined by the City Council.
~' 5. That the owner of subject property shall
'°' fee for tree lantin Pay to the City of Anaheim a
~ P g purposes along Philadelphia Street in an amount
as determfned by the City Council.
i
,-j 6. 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, hlechanical and
7 Fire Codes as adopted by the City of Anaheim. The appropriate
;. permits shall be obtained for any necessary work.
- 1
,~ 7. That the owners of aubject property shall restrict the occspancy of
i! the y
grann unit to one or two adults, both of whom are sixty (60)
year.s of age or older, and furthermore, shall record a covenant
against the property so rest•ricting the occcpancy of said unit.
-2 PC85-256
~~
~' ~, ir,
f h ',•Y
. . . . . . . ~:i
Said covenant shall be submitted to the Planning Department for
transmittal to the City Attorney's Office foc review and approval
prior to recordakion. Proof of recordation shall then be submitted
to the City.
g, That subject propecty shall be deve~oped cubstantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 thzough 3.
g. That prior to issuance of a building permit, or within a period of
one year from the date of this resolution, whichever occurs first,
Conditio~~ Nos. 1, 2, 3, 4, 5, 6 and 7, above-mentioned, shall be
complied with. Extensions for further time to complete said
condition,o may be granted in accordance with Section 18.03.090 of the
Anaheim hlunic+.pa1 Code.
10. That prior to final building and zoning inspections, Condition No. 8,
above-mentioned, shall be complied with.
HE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby :~ind and determine that adoption of this Resolution is expressly
Predicai.ed upon applicant's compliance with each and all of the conditions
hereina:~ove set forth. Should any such conditions, or any part Lhereof, be
declarea in~alid or ur.enforceable by the final judgment of any court of
competent ]urisdiction, then thi~ Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOi.UTION is signed and approved by me this 25th day
of November, 1985.
/r ,~ i .r~ ... , „~' ~ LC' ~z..::~L;
CHAIRWOPIAN, ANAHEIM CITY PLANNING COMMISSION
ATTES4': //~
f!/L~ ~ar_._/,/'c.:.c.
SECRETA~Yr ANAHEIM CITY PLANNING COMMISSIUN
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CZTY OF ANAHFIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission~ do hereb}• certify that the foregcing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on November
25, 1985~ bY the following vote of the members thereof:
pyg~; COMMIS:;.JNERS: HOUAS, FRY~ HERBST~ LA CLAIRE, MC RURNEY, MESSE
NOES: COMMISS'.ONERS: NONE
AB$~,NT: COMMI3S.ONERS: LAWICKI
IN WITNESS WHEREOF, I Have hereunto set my hand this 25th day of
November, 1985,
,~
i
:i
a
;~~; ~ ;
~r 4: . . ' . . ....
--~,~.~ ~ ~-~.~ ,
SSCkETARY~ ANAHEIM CITY PLANNING COMMISSION '
,~9= PC85-256 1
_?
^
1