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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 - 2 - 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)