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PC 85-27RESOLUTZON NO. PC85-27 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITIOr FOR CONDITIOt~AL USE PERMIT P70. 2654 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permil from ANGEL GUERRERO ADID JOSE B. GUERRERO, 837 North Dickel St.reFt, Anaheim, California 92805, owner of certain zeal pcopert.y situated in the City of Anaheim, County of Orange, State of California, described as: LOT 10 BLOCK C OC TRACT 399, AS PER 2•tAP THEREOF RECORDED IN BOUK 15~ PAGE 61 OF MISCELLANEOUS MAPS~ RECORDS OF ORAN(;E COUNTY. . .. WtiEREAS, the Ci ty Planning Commission did !_ ; ld a public hearing at the Civic Center in the City of Anaheim on January 22, 1985, at 1:30 ~,.m„ notice of said public heacing having been duly giver~ as required by lat: and in accordance witn the provisions of the Anaheim Municipal Code, Chapter 18.03, ' to hear and consider evidence for and aguinst said proposed conditional use '~i permit and to inv=stigate and make findings and recommendations in connection ~, thecewith; and WEIEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and ceports offered at said hearing, does find and determine the following facts: 1• That the proposed use is properly one for which a conditional use permit is auLhorized by CaliEornia Government Code Section 65852.1 to wit: ko construct a second-family (granny) unit with waiver of the following: SECTION 18.26.062.020 - Ptaximum lot coveraqe. (408 permitt2d; 468 proposed) Z• That the requested wai.ver is hereby granted on the basis that there are special circumstances applicable to the pcoperty such as size, st;ape, topoycapny, lxation and surroundings which do not apply to other identically zoned prcperty in the same vicinity; and that strict application of the Zoning Code deprives the property of orivileges enjoyed by other properties in the identical zone and classification in the vicinity. 3• That the propused use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4• That the size and shape of the site proposed for the use is adequate ta allow the Eull development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welface of the Citizens of the City of Anaheim. 5• That the granking of the Conditional Use Permit under the conditions imposed, if any, wi11 not be detrimental to the peace, health, safety and general welfare of the Citizens of the Clty of Anaheim. ~0424r PC85-27 ~ ~ 6. That the traffic generated by the proposed use will not impose an ~ndue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. 'Phat appro~imately 12 pecsons indica~ed their presence at said public iiearing in opposition; and that no correspondence wzs received in opposition to the subject petition. ENVIRONMENTAL IMPACT FiNDING: That the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the ;tate E7.R Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR, NOW, THEREEGRE, BE IT RESOLVED that the Anaheim Citv Planning Commission does hereby gcant subject Petition for Conditional Use Permit, upon the follpwing condiL-ions which are hereby fo~~:d to be a necessary prerequisite to the p~oposed use of the subject propezty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prioz to issuance o£ a building permit, appropriate park and recr.eation in-lieu fees shzll be paid to the City of Anaheim in an amount as determined by the City Council. 2. That prior to issuance of a building pecmit, che appropriate traffic signal assessment fee shall be paid to *.he City of Anaheim in an amount as determined by the City Council for the new dwelling ~.:~~it. 3. That tha owner uL subject property shall p~y to the City of Anaheim a f.ee for tree plantiny purposes along Dickel Street in an amount as determined by the City Council. 4. That the owner of subject property st~all irrevocat,ly offec to dedicate to the City of Anaheim a strip of land 10 feet in width from the centec:ine of the public ~illey to the west of subject property for alley widening purposes. 5. That plans shall be submitted to the Building Division showing cotapliancc ;:ith t~^ mi.^.i^um °tandar.ds of th? City of Anaheim, including the Unifoem Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. Tiie appropriate permits shall be obtained for any necessary work. 6. 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 properCy so restricting the occupancy of said unit. Said covenant shall be submitted to the Planniny Department fot transmittal to the City Attorney's Office for review and approval prior to recordation. Proof of recordation shall then be submitted ro the City. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim macked Exhibit No. 1. _2_ PC85-27 _....' m ;_, .. 8. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever or.curs first, Condition Nos. 1, 2, 3, 4, 5 and 6, above-mentioned, shall be complied with. Extensions for further time to complete saiA 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 No. 7, above-mentioned, shall be complied with. BE IT FURTHER RESOLVEP that the Anaheim City Planning Commission does hereby find and determine +_hat adoption of this Resolution is expressly predicated upon applicant's complia,ice with each and all of the cnnditions herEinabove set forth. Should any such con@itions, or any part ct~ereof, 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 deeme~ null and void. THE rOREGOING RESOLUTION is signed and appro ed by me this 21st day oE January, 1985. - ~ ~_i ~ . ` -_`~ ._.i . i '/, i'~!~' ATTEST: ~ ~ IRMAN, ANA'~EZP CITY PLANNING COI•1MISSION ~l'/T-~ ~ /~ `li2 L.-L SECRETARY~ ANAt1LIt•1 CITY YLANNING COb1MISSION STATE OF CALZFORNIA ) COUNTY OF OkANCE ) ss. CITY OF ANAHEIM ) i. Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutinn was passed a~d adopted at a meetiny of the Anaheim City Planniny Commission held on January 21, 1985, by the Eollowing vote of the mernbers thereof; AYES: COMEtISSI0t7ERS: BOUAS, BUSHORE~ FRY, HERBST, KING~ LA CLAIRE NOES: COMMISSTONERS: NONEURNEY ABSENT: COt1MISSIONERS: NONE IN WITNESS WNERF.OE, I have hereun January, 1985, set my hand this 21st day of e - ,C OLr"/ ~-~ /~~~.~ SECRE.ARY~ ANAHEIb1 CI?'Y PLANNING COMMISSION -3- PC85-2?