88-408RESOLUTION NO. 88R-408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3067.
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 ENRIQUE BASURTO and ANTONiA BASURTO, 1515 E. Broadway,
Anaheim, CA 92805, owners, to permit a 536 square foot second
residential dwelling ("granny unit") upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THE SOUTH 170 FEET OF THE WEST HALF OF THE EAST
HALF OF THE NORTH HALF OF LOT 9 OF ANAHEIM
EXTENSION, AS SHOWN ON A MAP RECORDED IN BOOK 3,
PAGES 162 TO 164 INCLUSIVE OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
bearing 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. PC88-269 granting, in
part, Conditional Use Permit No. 3067; 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
adjoining land uses and the growth and development of the area
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
improved to carry the traffic in the area.
and
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 ali 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,
Conditional Use Permit No. 3067 be, and the same is hereby,
granted permitting a 536 square foot second residential dwelling
("granny unit") on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.21.063.020
SECTION 18.21.063.030
Minimum side yard setback.
(10 feet required; 3 feet
existing)
Minimum rear yard setback.
(25 feet required; 3 feet
existing)
subject to the following conditions:
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
City Council resolution.
-2-
o
10.
11.
That the legal owner of subject property shall
irrevocably offer to dedicate to the City of Anaheim
strip of land forty five (45) feet in width from the
centerline of the street along Broadway for street
widening purposes.
That sidewalks shall be removed and/or reconstructed
along Broadway as required by the City Engineer and in
accordance with standard plans and specifications on
file in the Office of the City Engineer.
That a five (5) foot wide public utility easement shall
be dedicated along the north property line to the
satisfaction of the Electrical Engineering Division. In
addition, an encroachment permit shall be obtained
permitting the existing building to encroach into said
easement.
That as required by the City Traffic Engineer, the
unpaved area between the driveway and patio slab to the
west of the driveway shall be paved with asphalt or
concrete.
That a fee shall be paid
planting along Broadway
City Council resolution.
to the City
in an amount
of Anaheim for tree
as determined by
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 ali air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view, and the sound buffered from adjacent residential
properties.
That the legal owner 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.
That subject property shall be developed substantially
in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit No. 1.
-3-
12.
That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 4, 6, 7 and
10, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be
granted in accordance with Section 18.05.090 of the
Anaheim Municipal Code.
13.
That prior to final building and
Condition Nos. 3, 5, 8, 9 and 11,
be complied with.
zoning inspections,
above-mentioned, shall
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
1988.
of the City
is approved and adopted by the
of Anaheim this 15th pay of November,
MAYOR O~F TItE~CITY~F ANAHEIM
ATTEST:---,
CITY CLERK OF THE CITY OF ANAHE21q
JL~/bg
2820L/111688
-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. 88R-408 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of November, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Hunter, Kaywood, Pickler and Bay
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-408 on the 21st day of November, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 21st day of November, 1988.
CITY CLERK OF~--THE CITY OF ANAHEIm"
(SEAL)
I, LEONORA N. SO~,, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is ~e original of Resolution No. 88R-408 duly passed and
adopted by the Anaheim City Council on November 15, 1988.
CITY CLERK-OF T~E CITY OF ANAHEIM