Resolution-PC 2001-73• •
RESOLUTION NO. PC2001-73
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04362 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properry situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 65 OF TRACT NO. 4958, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, SITE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 208
PAGE 48, 49 AND 50, 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 June 4, 2001 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 fi~d and-determi~~ th~ following facts: _ _
1. That the proposed use is properly one for which a conditional use permit under the
authority California Government Code Section 65852.1 to permit a second story granny unit above a
detached garage in conjunction with an existing single-family residence with waiver of the following:
Section 18.26.063.030 - Required rear yard setback.
2. That the waiver, minimum rear yard setback, is hereby denied on the basis that following
public notification it was determined that it was not needed.
3. 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 this dwelling unit would be at a lower grade elevation than the adjacent property to the west.
4. That the size and shape of the site for the proposed granny unit is adequate to allow full
development of the proposal without the need for 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 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 Ciry of Anaheim.
7. That no one indicated their presence at said 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.
CR5100PK.DOC -1- PC2001-73
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NOW, THEREFORE, BE IT 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
two (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 residential unit and, furthermore, 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 o~ce 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 singfe-family residence
or the granny unit. Said granny 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 thereafter on the
anniversary date, the legal owner of subject property shall submit a signed affidavit to the Zoning
Division-of the Planning Department indicating that the _property owner_ and any occupant of the __
granny unit are in compliance with all the conditions of this conditional use permit, including those
concerning occupancy.
4. That plans submitted to the Building Division for building permits shall indicate that the entry to the
granny unit will be on the east elevation.
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 Exhibit No. 1, 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 4, 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.
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.
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.
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June 4, 2001.
THE FOREGOING RESOLUTION was adopted at
CHAIRPERSON,
ATTEST:
~~ri~/~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
~
Planning Commission meeting of
M CITY PLANNING COMMISSION
I, Eleanor Fernandes, 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 June 4, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
AB.SE[VT: COMMISSI.ONER.S: N(~N~ __ _
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~v v~ e. , 2001.
~..~i~-,-Z~-o~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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