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88-327RESOLUTION NO. 88R-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3027. 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 ROBERTO I. NOGALES and ALEJANDRA G. NOGALES, 817 W. North Street, Anaheim, California 92805, owners, to permit a 611 square foot "granny unit" pursuant to Government Code Section 65852.1 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 38 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SURVEY OF WILLIAM HAMEL, DATED DECEMBER 11, 1968 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 38, DISTANT THEREON 894.542 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT 38, AND RUNNING THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT, 201.25 FEET; THENCE EASTERLY, PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT; 60 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 201.25 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, 60 FEET TO THE POINT OF BEGINNING; 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, a£ter 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. PC88-181 granting Conditional Use Permit No. 3027; 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 in which it is proposed to be located. area 5. 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 18.05.040 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. 3027 be, and the same is hereby, granted permitting a 611 square foot "granny unit" pursuant to Government Code Section 65852.1 on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.25.063.030 Minimum Rear Yard Setback. (25 feet required; 17 feet proposed) subject to the following conditions: -2- 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 City Council resolution. 2. That a fee shall be paid to the City of tree planting along North Street in an amount as City Council resolution. Anaheim for determined by 3. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid the City of Anaheim in an amount as determined by the City Council. to 4. That the new construction authorized by this resolution shall be served by underground utilities. 5. 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. 6. 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. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that a six (6) foot high block wall shall be constructed along the easterly property line as measured from the highest grade and that the entrance of the "granny" unit shall face the south (towards North Street). 8. 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, 3 and 6, 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. 9. That prior to final building and zoning inspections, Condition Nos. 4, 5 and 7, above-mentioned, shall be complied with. -5- 10. 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 City Council of 1988. FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 23rd day of August, MAYOR~'~ OF THE ~ OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM JL~:fm 2698L 082588 -4- CLEPdt S~ATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONOPOt N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-327 was introduced and adopted at a regular meeting provided by law, of the City Council of tile City of Anaheim held on the 23rd day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL ~EMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M~tBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-327 on the 21st day of September, 1988. iN WITNESS WHERJCOF, I have hereunto set my hand and affixed the official seal of the City of Amaheim this 21st day of September, 1998. i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-327 duly passed and adopted by the Anaheim City Council on August 23, 1988. CiTY CLERK OF THE CITY OF ANAHEIM