2002-187RESOLUTION NO. 2002R-187
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 2002-
04528.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to retain an un-permitted granny unit in conjunction with an
existing single-family residence in the RS-7200 (Residential,
Single-Family) zone on certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
PARCEL 1 AS PER MAP DESCRIBED IN BOOK 25,
PAGE 19 OF PARCEL MAPS, LOCATED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY
with a waiver of the following provisions of the Anaheim
Municipal Code:
(a)
Sections 18.06.050.010.011 -
18.06.050.010.013.0132
and 18.26.066.010
Minimum number and dimensions
of parking spaces.
(5 spaces with minimum 2
spaces in a garage required;
5 spaces with 1 space in a
garage proposed)
(b)
Section 18.26.063.011
Minimum front yard setback.
(20 feet required between
Cherry Way and a front-on
garage with a roll-up door;
6.5 feet existing and
proposed)
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, 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. PC2002-59 denying
Conditional Use Permit No. 2002-04528; 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 hold and conduct such public
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports, and
did consider the same; and
WHEREAS, the City Council does 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, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons:
1. That the existing granny unit, as proposed to be
retained on the property, does not satisfy the requirements and
objectives for a conditional use permit for a granny unit as
authorized by Section 65852.1 of the California Government Code
and the Anaheim Municipal Code.
2. That the existing granny unit was constructed and
originally used as a non-habitable structure and, as such, the
un-permitted conversion to residential dwelling purposes
adversely affects adjoining land uses and the growth and
development of the area in which it is located by creating
substandard conditions whereby vehicles associated with this
property cannot be accommodated by available on-site parking and
therefore block the public sidewalk.
3. That the size and shape of the site on which the second
unit is built is adequate to allow the full development of the
second unit (by possible redesign and relocation of the second
unit) without the need for waivers and in a manner which would
not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of
Anaheim.
4. That the traffic generated by the second unit as
developed on the property imposes an undue burden upon the
streets and highways designed and improved to carry the traffic
in the area.
WHEREAS, the City Council does further find and
determine with regard to the requested waiver(s) of Anaheim
Municipal Code requirements, other than the requested waiver of
off-street parking requirements, as follows:
1. That there are no special circumstances applicable to
the property which do not apply to other property in the same
vicinity and zone; and
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2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said conditional use permit with a
waiver of certain provisions of the Anaheim Municipal Code be,
and the same is hereby, denied for the reasons hereinabove
specified, and that the request to retain an un-permitted granny
unit in conjunction with an existing single-family residence in
the RS-7200 (Residential, Single-Family) zone be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 6th day of August, 2002.
MAYOR ~-~ ~-~ ~-~T~
ATTEST:
CITY CLER~ OF %HE CITY OF ANAHEIM
46092.2
- 3 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-187 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 6th day of August, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Kring, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
~'TY CLER~ 0F T~I--I"~ CITY OF ANAHEIM
(SEAL)