87-019RESOLUTION NO. 87R-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2863.
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 JOSEPH CASALE AND JULIE CASALE, 630 North Clementine,
Anaheim, California 92805, upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
LOT 9 BLOCK B OF TRACT 170 AS PER MAP RECORDED IN BOOK
12, PAGE 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; and
WItEREAS, 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. PC86-292 granting
Conditional Use Permit No. 2863; 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
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 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 ali 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
18.03.040 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, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2863 be, and the same is hereby,
granted permitting construction of a granny unit on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTIONS 18.26.063.030
AND 18.26.064.020
Minimum rear yard setback
(10 feet required; 3 1/2
feet proposed)
SECTION
18.26.062.021
Maximum rear yard
coverage. (35% permit-
ted; 48% proposed)
subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a 15' radius property
line return at the corner of Wilhelmina Street and Clementine
Street.
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2. That a handicap access ramp shall be constructed at the
southeast corner of Wilhelmina Street and Clementine Street as
required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer (No. a-f, No. 1-4).
3. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 2 and 3.
4. 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 and 7, herein, 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.
5. That prior to final building and zoning inspections,
Condition Nos. 2 and 5, above-mentioned, shall be complied with.
6. That the tenancy of the "granny" unit shall be
restricted to one (1) or two (2) persons both of whom are sixty
(60) years of age or older; that the "granny" unit shall not be
rented or leased to any tenant; and that a covenant shall be
recorded by the owner of the property in a form approved by the
City Attorney so limiting such occupancy. A copy of said covenant
shall then be submitted to the Planning Department.
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 judgn~ent of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of 3anuary, 1987.
~IAYOR OF TIlE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
BG:fm
1720L
032087
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONOP. A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-19 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of January, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-]9 on the 27th day of January, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of January, 1987.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-19 duly passed and adopted
by the Anaheim City Council on January 27, 1987.
CITY CLERK OF THE CITY OF ANAHEIM