Resolution-PC 2003-9• •
RESOLUTION NO. PC2003-9
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDiTIONAL USE PERMIT NO. 2002-04647 BE GRANTED
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 4 TRACT NO. 1322 AS PER MAP RECORDED IN BOOK 41, PAGES 7 INCLUSIVE
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 13, 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
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.T to wit: ta permit an attacFiect graRny c~nit +n-eo~junetion with an
existing single-family residence.
2. That the proposed granny unit, as conditioned herein, 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 be
attached to the primary residence and constitutes a small increase to the overall floor area of said structure.
3. That the size and shape of the site for the proposed granny unit is adequate to allow full
development of said unit in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare, and without the need for any waivers.
4. 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 traffic in the area.
5. That granting of this conditional 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.
6. 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: 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, 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:
1. That the legal owner of subject property shall restrict the occupancy of the second unit to one (1) or two
(2) adults, both of whom are sixty two (62) years of age or older; that no rental fee shall be charged for
occupancy of the second unit; and that the property owner shall record an unsubordinated covenant
CR\pc2003-9.doc _~ _ PC2003-9
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against the property so-restricting 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 recordation. A
copy of the recorded covenant shall be submitted to the Zoning Division.
2. That the legal owner of the subject property shall occupy either the primary single-family residence or the
second (granny) unit. The second unit shall be accessory to the primary 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 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.
4. 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 Exhibit Nos. 1 and 2, and as conditioned herein.
5. That prior to issuance of a building permit for the granny unit or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 1 and 2, 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.
6. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shall be complied
with.
7. 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.
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 hereinabove 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~i~i~ys~t~-- /~Yl ps-~te
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, Senior Secretary of the Anaheim Ciry Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this a~-S T'~' da of
Y
~G.h~ctrY , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSfON
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