Loading...
Resolution-PC 2000-129• • RESOLUTION NO. PC2000-129 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04259 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 15 OF TRACT 3240, I'N THE CITY OF ANAHEIM, COUNTY OR ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 113, PAGES 1 TO 3, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 20, 2000 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meeting of October 9, 2000; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports 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 authorized by California Government Code Section 65852.1 to permit a granny unit in conjunction with an existing single-family residence with waiver of the following: Section 18.26.063.030 - Minimum rear vard setback. 2. That the waiver of minimurm rear yard setback is hereby denied on the basis that the request was deleted following public notification. 3. That the proposed granny wnit will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because it will not be visible to adjacent residences and is confined to the rear portion of the lot on which it is proposed. 4. That the size and shape of the site for the proposed granny unit is adequate to allow full development of the granny unit without any waivers and in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed granny unit will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting of this condit6onal 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. 7. That three concerned people spoke at the public hearing; that no one indicated their presence in opposition; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. C R4949PK.doc -1- PC2000-129 ~ • NOW, THEREFORE, BE I~ RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the legal owner of subject property shall restrict the occupancy of the granny unit to one (1) or finro (2) adults, both of whom are sixty (62) years of age or older, and shall specify that no rental fee shall be charged for occupancy of said second unit; and that, furthermore, the property owner shall record an unsubordinated 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 recordatiorn. A copy of the recorded covenant shall be submitted to the Zoning Division. That the legal owner of the subject property shall occupy the primary single-family residence and the granny unit shall be accessory to the pr~imary residence on the lot. An unsubordinated covenant against the property so-restricting the occupancy of said unit shall be recorded. Said covenant may be incorporated into the above-referenced covenant (Condition No. 1) and shall be submitted to the Zoning Division for transmittal to the City Attorney's office for review and approval prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 3. That prior to occupancy of the granny uinit, fire sprinklers shall be installed and operational as required by the Fire Department for new construction. Said information shall be specifically shown on plans submitted for building permits. 4. That the subject property shall be served by underground utilities. 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as conditioned herein. 6. 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, 2 and 3, 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. 7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be complied with. 8. 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, State and Federal 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. 9. That within a period of one (1) year from the date of this resolution, and annually on the anniversary date thereafter, the legal owner of subject property shall submit a signed affidavit that the property owner and any occupant of the granny unit are in compliance with all conditions of this conditional use permit, including those concerning occupancy. The affidavit shall be submitted to the Zoning Division of the Planning Department. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabnve set forth. Should any such condition, 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. -2- PC2000-129 ~ • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 20, 2000. ~ CHAIRPERSON, ATTEST: ~ SECR ARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CITY PLANNING COMMISSION I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 20, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ___L~ day of , 2000. ~~ SECRE ARY, AHEIM CITY PLANNING COMMISSION -3- PC2000-129