Loading...
RES-1989-118RESOLUTION NO. 89R-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3117, IN PART. 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 MATTHEW FRANK GOLONKA AND RITA ELIZABETH GOLONKA, 1403 Trenton Drive, Anaheim, CA 92802, owners, and MORRIS CARMODY, 1044 Verona Drive, Fullerton, CA 92635, to permit a 631 sq.ft. 'granny unit'upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 87 OF TRACT NO. 2181, AS PER MAP RECORDED IN BOOK 62, PAGES 40 AND 41 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. PC89-33 granting Conditional Use Permit No. 3117, in part. 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. 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 18.06.080 of the Anaheim Municipal Code are not present and that said waiver(s) should not be granted due to the withdrawal of the waiver request by the applicant: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3117 be, and the same is hereby, granted in part permitting a 631 square foot "granny unit" on the hereinabove described real property subject to the following conditions: i · 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 established by City Council resolution. · That sidewalks shall be installed along Trenton Drive as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. · That five (5) parking spaces shall be maintained on-site at all times. 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 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. -2- · That the legal owner of subject property shall restrict the occupancy of the granny unit to one (1) or two (2) 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 No. 1. · That the record owner(s) of the property shall record an unsubordinated covenant in a form approved by the City Attorney agreeing that said second dwelling ("granny unit") shall not be rented or leased to any person or persons for any valuable consideration. Any violation of said covenant shall be deemed a violation of the conditions of this conditional use permit. 10. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 7 and 9, 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. 11. That prior to final building and zoning inspections, Condition Nos. 2, 5, 6 and 8, above-mentioned, shall be complied with. 12. 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 ali 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. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this llth day of April, 1989. _f~I~AYO'R-OF THE-%~ITY OFC.~.]~I~IJ~ ~ ATTEST: ~.~~~~NAHE I M JLW: db 5029L 041389 -4- 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. 89R-118 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of April, 1989, by the following vote of the members thereof' AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood 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. 89R-118 on the 18th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 1989. (S~]AL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-118 duly passed and adopted by the Anaheim City Council on April 11, 1989. ~.CITY CLERK OF THE CITY OF ANAHEIM