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88-243RESOLUTION NO. 88R-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3009. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from JERRY L. MADREN and JUDY A. MADREN, 503 S. Vicki Lane, Anaheim, California 92804, owners, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 19 OF TRACT NO. 6735, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 255, PAGES 33 AND 34, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE 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. PC88-127 granting Conditional Use Permit No. 3009; 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 ali 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 ing land uses and the growth and development of the area it is proposed to be located. adjoin- in which 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3009 be, and the same is hereby, granted permitting a 640 square foot dwelling ("granny unit") on the hereinabove described real property, subject to the following conditions: 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 the City Council. 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 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. 3. 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. 4. That the legal owners of subject property shall execute and record a covenant specifying that this conditional use permit shall terminate when subject property is sold or legal ownership is otherwise conveyed and legal title to the property is no longer held by Jerry L. Madren and Judy A. Madren, husband and wife; and that prior to such conveyance, the "granny unit" shall be removed or otherwise modified so as to no longer be classified as a dwelling unit pursuant to the Anaheim Municipal Code. The covenant shall be submitted to the City Attorney for review and approval prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be furnished to the Planning Department. 5. That prior to the commencement of the activity authorized by this resolution, or 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, 2 and 4, 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. -2- 6. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be complied with. 7. 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 FOREGOING RESOLUTION City Council of the City is approved and adopted by the of Anaheim this 21st day o£ June, 1988. MAYOR OF THE CITY ~F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHE'I~4 JLW:fm 2595L 062788 -2- CLERK STA£E OF CA-~IFOPoNIA ) COUNTY OF OP~ANGE ) ss. CITY OF AN~HEiM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-24~ was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of June, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSEMT: COUNCIL MEbIBERS: None A~D I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-243 on the 29th day of June, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of June, 1988. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify taat the foregoing is the original of Resolution No. 88R-243 duly passed and adopted by the Anaheim City Council on June 21, 1988. CITY CLE~dl oF' THE CITY OF ~-NAHEi~