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PC 85-256RESOLUTION N0. PC85-256 A RESOLUTION OF THE ANAHEIM CITY PLANNIP:G COMMISSTON THAT PETITION FOR r_ONDITIONAL USE PERMZT N0. 274C BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Pelition for Condir_ional Use Permit from JOSE RAMOIt CABRERA AND MARGARITA CABRERA, 300 Nocth Carol Drive, Anaheim, California 92801, owner, and JOSE R. CnBRERA, JR., 300 North Carol bcive, Anaheim, ~alifornia 92801, agent for c~ctain ceal pcoperty situated in the City of Anaheim, County of Orange, State ~E ~alifornia, dPSCCibed as: L07' 3, BLOCK D OF TRACT 373, AS PER MAP P.ECORDED IN BOOK 15~ FAGE 99 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RE.':ORDER OF SAIU COUNTY. WsEREAS, the City Ylanning Commission did hold a public hearing at the Civic Centec in the Cit-y of Ar.aheim on November 25, 1985, at 1:30 p.m., notice of said p::blic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to heac and consider evidence foc and against said proposed conditional use permit and tu investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, aftPc due inspection, irtveatigation and study made by itself znd in its behalf, and after due con~ideration of all evidence and reports offered at said h~aring, does find and determine the folloWing facts: 1. That the proposed use is prope[ly one fo[ which a conditional use permi.t under authority of Government Code Section 65852.1 to construct an attached second-fartiily (granny) unit and a coan addition to a single-far.tily residence with waiver of the following: SE(7TION5 18.06.OSO.U]1, - Minimum nutnbec of oarkin~ snaces. 18.06.050.0132, ;5 spaces cequired; 4 spaces proposed) 18.06.OII0 AND 18.26.066.010 2. That the requested :aaiver is hereby gsanted that the parking waiver will not cause an inccease in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waivec under the corditions imposed, if any, will ~ot be detrimental to the peace, health, safety and general w=lfare of the citizens of the City of Anahein. 3. That the prup~~ed use will not advecsely affect the adjoining land u3es and the growth and developr,:~nt of the acea in which it is proposed to be located. 4. That 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 a~ea nor to the peace, health, safety a.nd gener.al welfa~e of the Citizens of the City of Anaheim. 0663r PC85-25G ~:tic:~,;.<,;.. . 5. That the granting of the Conditional Uce Permit under the conditions imposed, if any, will not be detrimental to the p~ace, health, safety a~~d genecal welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impase an undue burden upon the streets and highways desiyned and improved to carry the tcaffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and that no ^.orrespondence was received in oppositio~ to the subject petition. ENVIRONMENTAL IMPACT F'INDING: That khe Anal~eim City P1annLng Commission has reviewed the proposal to con~tcuc~ an attachr, second-family (granny) unit and a room addition to a single-fartiily residence with waiver of minim~m number of parking spaces on a rectangularly-shaped parcel of land consistiny of approximately 4,975 square feet, havi;,y a frontage of approximately 46 feec on the east side of Philadelphia Screet and further ~I described as 608 South Philadelphia Street; and does hereby appccve the Negative Declaration upon finding that it has cunsidered the Negative Declacation together with any comments received during the public review process an~ furtner finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a siynificant effect on the e~ivironment. NOW, ~HEREFORR, BE IT RESOLVSD Lhat the Anaheim City Planning Commission does heceby grant subject Petition fo't Conditional Use Permit, upon tl~e followiny conditions which are hereb:, fuund ro be a necessary prerequiFite to the proposed use of the subject pro~erty in order to preserve the ~afety and general welfare of the Citizens ~f the City of Anaheim: 1. 7'hat pcior to issuance of a building ~ermit, apptopriate patk ancl recreation in-lieu fe~~s siall be paid to the City of Anaheim in an amount as determined by tAe City Council. 2. That prior to issuaneP nr -}~~~,Za_.;y i;`,r,~`~ ~31C dpproprzate traffic signal assessment fee shall be paid to the Ci:y of Anaheim in an amount as determined by the City Council for each new dwelling unit. 3. That the owner of subject property shall irrevocably ofEer to dedicate to the City of Anaheim a strip of land 10 feet in :~idth from the centerline of the alley for street widening purposes. l 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Philadelphia Street in an amount as determined by the City Council. 5. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Pf~iladelphia Street in an amount as determined by the City Council. -Z- PC85-256 6. That plans shall be ~ubmitted to the Building Division showing compliance with the minimum ctandards of the City ef Anaheim, including the Unifo~m Building, Plumbing, Electcical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained fo: any necessacy work. 7, That the ownecs of subject pcope~ty ~hall res*_rict the occupancy of the gcanny unit to one or two adults, both of whom are sixty (60} years of age or older, ana furthec~.ore, shall record a covenant against the pcoperty so ~estricting the uccupancy of said unit. Said covenant shall be submitted to the Planning Depattment for tcansmittal to the City Attorney`s Uffice fvz review and approval prior to recordation. Procf of recordation sh~ll then be s~ibmitted to L•he City. 8. That subject ptoperty shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No~. 1 thcough 3. 9. That prioc to issuance oE a building permit, or within a period of one yeac from the date of this resolution, wtiichever occurs first, C.ondition Nos. 1, 2, 3, 4, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions :nay be granted in accordance with Secticn 18.03.090 of the Anaheim Municipal Code. 10. That prior co final building and zonin~ inspections, Conditicn 170. 8, above-mentioned, shall be complied with. BF. 7T FURTHER RESOLVEJ that th° Anaheim City Planning Commission does hereby Eind and determine t'~at adoptiun of this Resolution is expressly predicated upon applicar,t's compliance with each and all of the conditions hezeinabove set forth. Should any such condit:c~~~, or any part thereof, be declared invalid or unenLOCCeauie uy ~uc Cic~; jcdg.,~^~ o` ~~~ ^~~-'~ ~f competent jurisdirtion, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE POREGOING RESOLUTION is signed and approved by me this 25th day of November, 1985. ~ y ~~ ~ sr L %i y~ Q ~~Ca-c~c~ ) CHA:RWOMAN~ ANAHCIM CITY PLANNZNG COMMISSION ATTEST: ~~ ~ ~ SECRETARY~ ANAHEIM CITY PLANt4INti COMMISSION -3- PC85-256 f;. a ~:-~::~ ~ -- . . . . ~:r STATE OF CALIFORNIA ) COUNTY OF CRANGE ) ss. CZT~ OF ANAHE:N, ) i, Edith L. Hartis, Secretary of the Anaheim City Planning Commission, do heceby cer~ify that the foregoing resolution was passed and adopted at a meeting of t:he Anayeim City Planning Commission h?ld on November 25, 1985, bY the iellowing vote of the membe~s theceof: AYES: COMMISSiUNERS: BGUAS, FRY~ FiERbST, LA CLAIRE~ MC BURNEY, MESSE PIOES: COMMISSICNERS: NONE ABSENT: COMMISSiONERS: LAWICKI IN WITNESS 47HEREOF, I Have hereunto set my hand this 25th day of November, 1985. (.r AJ.~~ /~ [~1~itn /~ SECRETAtY~ ANAHEIM CIi~Y PLANNING COMMISSION _q_ PC85-256 i f t. r ~.~..' _.., ~ . . . ,_ '"ii=-til C~~_ , _ ._.~... RESOLUTION N0. PC85-256 ~ ~~f"`"-~''`"'f'!~ ^ ~"~t :i A RESOLUTION OF THE ANAHEIM CITY PLANNING COMDIISSION ~ THAT PETZTION FOR CUNDITIONAL USE PSRMIT N0. 2740 BE GRANTED WNEREAS, the Anaheim City Planning Commission did ceceive a vetified Petition for Conditional Use Per~nit from JOSE RAMON CABRER4 AND M.ARGARITA CABRERA, 300 Nurth Carol Drive, Anaheim, California 928U1, owner, and JUSE R. CABRSRA, JR., 300 Nort.h Catol Drive, Anaheim, Califocnia 92801, agent for certain real property situal•ed in the City of Anaheim, County of OrangP, State of California, described as: LOT 3~ BLOCfc D UF TRACT 373, AS PER MAP RECORDED IN BOOK 15~ PAGE 49 OP MISCELLANEOOS MAPS IN THE OFFICE OF THE GOUN'PY RECORDEN CP SAID CUUNTY. WEtEREAS, the City Planning Commis^ion did hold a public hearing at the Civic Center in r_he City of Anaheim on November 25, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by law a~d in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hesr and consider evidence for and against said pcoposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and !aHEREAS, said e;ommission, after due inspection, investigation and study made by ztself and in its behalf, and after due consideration af all evidence and reports offered at said hearing, does find and determine the £ollowing facts: 1. That the proposed use is proyerly one for which a cor,ditional use permit under authority of Government :ode Section 65852.1 to construct an attached second-family (granny) unit and a room addition co a single-family residence with waiver of the followiig: SnCTIONS 18.06.OSU.011, - plinimum number of parkinq spa~es 18.06.050.0132, (5 SDdCP..S reauir.ed; 4 sP~ce~ prop~sed) 18.06.080 AND 18.26.066.010 2. That the reqaested waiver is hereby granted that the parkfng waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining .iand uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general we]fare of the citizens of the City of Anaheim. ~ 3. Thut the proposed ^se will not adversely affect the adjoining land uses and the growth and ~~avelopment o£ the area in which it is proposed to be located. 4. That the size and shape o£ 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 l•he peace, health, safety and general welfare of che Citizens of the City of Anaheim. 4 ~ k ~ ' 06b3r PC85-256 ~ ~, .~ , ~ .:.; ~ ~+F~,'ps x".rr ~,\ w~r t ~4 a ~~rc ,. tir ;• _ , ~ .,«- ..~:::. . . °S~"~~...'CL^,TJ,•m,._, ... . ~.......n. .. ... `' 5. Thac the granting of the Conditional Use Permit under the ~=onditions imposed, if any, will not be detrimantal to the p~ace, health, safety an~~ general welfare of the Citizens of the City of Anaheim. 6. That the traff:c yenerated 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. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject oetition. ENVIRONMENTAL TMPACT FINDTNG: That the Planning Director or his authorized representative has determined that the proposed projecl• falls within the definition of Categorical Er,emptions, Class 3, as defined in the State EIR Guidelines and is~ therefore, categorically exempt from the requicement to prepare an ETR. NOW, THEREFORE, BE IT R6SOLVED that t~A Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found r_o be a necessary prerequisite to the prooosed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. 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 b,y the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amcunt as dete:mined by the City Council for each new dwelling unit. 3. That the ow:~er of subjert property shall zrrevocably offer to dedicate .o the Cily uf Anaheim 4 strip of land 10 feet in width from the centerline of the ailey for street wideninq purposes. 4. ihat the owner of subject property shall pay to the City of Anzheim a fee for street lighting along Philadelphia Street in an amount as determined by the City Council. ~' 5. That the owner of subject property shall '°' fee for tree lantin Pay to the City of Anaheim a ~ P g purposes along Philadelphia Street in an amount as determfned by the City Council. i ,-j 6. That plans shall be submitted to the Building Division showing ; compliance with the minimum standards of the City of Anaheim, ,~ including the Uniform Building, Plumbing, Electrical, hlechanical and 7 Fire Codes as adopted by the City of Anaheim. The appropriate ;. permits shall be obtained for any necessary work. - 1 ,~ 7. That the owners of aubject property shall restrict the occspancy of i! the y grann unit to one or two adults, both of whom are sixty (60) year.s of age or older, and furthermore, shall record a covenant against the property so rest•ricting the occcpancy of said unit. -2 PC85-256 ~~ ~' ~, ir, f h ',•Y . . . . . . . ~:i Said covenant shall be submitted to the Planning Department for transmittal to the City Attorney's Office foc review and approval prior to recordakion. Proof of recordation shall then be submitted to the City. g, That subject propecty shall be deve~oped cubstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 thzough 3. g. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Conditio~~ Nos. 1, 2, 3, 4, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said condition,o may be granted in accordance with Section 18.03.090 of the Anaheim hlunic+.pa1 Code. 10. That prior to final building and zoning inspections, Condition No. 8, above-mentioned, shall be complied with. HE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby :~ind and determine that adoption of this Resolution is expressly Predicai.ed upon applicant's compliance with each and all of the conditions hereina:~ove set forth. Should any such conditions, or any part Lhereof, be declarea in~alid or ur.enforceable by the final judgment of any court of competent ]urisdiction, then thi~ Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOi.UTION is signed and approved by me this 25th day of November, 1985. /r ,~ i .r~ ... , „~' ~ LC' ~z..::~L; CHAIRWOPIAN, ANAHEIM CITY PLANNING COMMISSION ATTES4': //~ f!/L~ ~ar_._/,/'c.:.c. SECRETA~Yr ANAHEIM CITY PLANNING COMMISSIUN STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CZTY OF ANAHFIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission~ do hereb}• certify that the foregcing cesolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 25, 1985~ bY the following vote of the members thereof: pyg~; COMMIS:;.JNERS: HOUAS, FRY~ HERBST~ LA CLAIRE, MC RURNEY, MESSE NOES: COMMISS'.ONERS: NONE AB$~,NT: COMMI3S.ONERS: LAWICKI IN WITNESS WHEREOF, I Have hereunto set my hand this 25th day of November, 1985, ,~ i :i a ;~~; ~ ; ~r 4: . . ' . . .... --~,~.~ ~ ~-~.~ , SSCkETARY~ ANAHEIM CITY PLANNING COMMISSION ' ,~9= PC85-256 1 _? ^ 1