Resolution-PC 2003-57~
RESOLUTION NO. PC2003-57
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04665 BE DENIED
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 99 OF TRACT 2400 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69, PAGES 20 AND 21 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Comrnission did hold a public hearing at the Civic Center in
the City of Anaheim on March 10, 2003 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 to the
April 7 and April 21, 2003 Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and fn its behaff, anc~ after due-eonsidera~ion of all evidence and r~ports-offered at_said hearing, cioes 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 Sec#ions 65852.1 and 65852.2 to wit: to permit and retain an attached second
unit in conjunction with an existing permitted single-family residence, and with the following waiver of the
Anaheim Municipal Code:
Section 18.26.063.020 - Minimum side vard setback.
5 feet required; none existing and proposed from the north property line along
Academy Avenue)
2. That the waiver of minimum side yard setback is hereby denied because there are no
special circumstances applicable to the property such as size shape, topography, location or surroundings,
which do not apply to other identically zoned properties in the vicinity; that strict application of the Zoning
Code does not deprive the property of privileges enjoyed by other properties under identical zoning
classification in the vicinity and, therefore, there is no justification for granting the waiver based on the
characteristics of the property nor have there been similar waivers granted in the vicinity; and that the
hardship is self-created due to the second unit having been constructed without permits.
3. That this use permit is denied because the existing second unit, as sited on the property and
proposed to be retained, does not meet the minimum standards of the California Government Code
pertaining to size or the Anaheim Municipal Code pertaining to minimum setback, as discussed in paragraph
(18) of the Staff Report to the Planning Commission dated April 21, 2003, in that the floor space of the
attached second unit is equivalent to 42% of the living area in the primary residence (Section
65852.2(b)(1)(E) specifies maximum 30%) and there is no side setback between the attached second unit
and Academy Avenue (Section 65852.2(b)(1)(G) specifies that the setback shall comply with the minimum 5
feet required in the underlying RS-7200 "Residential, Single-Family' Zone).
4. That the size and shape of the property on which the second unit is located is adequate to
allow full development of such use without the need for a waiver and in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim if
the square footage and location of such use complied with the California Government Code pertaining to
floor space and the Anaheim Municipal Code pertaining to minimum side setback.
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5. That the use, as it exists, adversely affects the adjoining land uses and the growth and
development of the area in which it is located.
6. That granting this Conditional Use Permit would be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit and retain an attached second unit in conjunction with an
existing single-family residence with waiver of minimum side yard setback on a rectangularly-shaped 0.19-
acre property located at the southeast corner of Academy Avenue and Benwood Drive, having frontages of
120 feet on the south side of Academy Avenue and 65 feet on the east side of Benwood Drive, and further
described as 302 South Benwood Drive; and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
21, 2003.
C IRPERSON, ANA EI CITY PLANNING COMMISSION
ATTEST:
,
i~~l~C'LiN.o
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 21, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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