Resolution-PC 2002-130•
RESOLUTION NO. PC2002-130
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04579 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:
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
MAPS RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS DIVIDED
AS FOLLOWS:
PARCEL 1 AS SHOWN ON MAPS FILED lN BOOK 95, PAGE 8 OF PARCEL MAPS,
RECORDS OF SAID COUNTY.
PARCEL 2 AN EASEMENT FOR INGRESS, EGRESS, PUBLIC UTILITIES,
PROPOSED OVER THAT PORTION OF PARCEL 2, 3 AND 4 DESIGNATED AS
PRIVATE DRIVE ON THE MAP FILED IN BOOK 95, PAGE 8 OF PARCEL MAP,
RECORDS OF SAID COUNTY.
- WkI~R~AS,-tk~e Gity-Planning Commission did hold_a public hearing_at the Civ_ic Center
in the City of Anaheim on August 12, 2002 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 September 9, 2002 Planning Commission meeting; 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 and retain a partially constructed granny unit in
conjunction with an existing single-family residence.
2. That the proposed use, a finro-story granny unit on a 9,583 sq.ft. parcel located on a
private street with access from Euclid Street together with other un-permitted structures on the property,
is hereby denied on the basis that approval would adversely affect the adjoining iand uses and the grow#h
and development of the area in which it is proposed to be located; and that approval would create a
negative aesthetic impact on adjacent properties.
3. That the size and shape ofi the site proposed for the use, inciuding the other un-perrnitted
structures and illegal modifications on the property, is not adequate to allow full development of the
proposal and those other uses 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.
4. That granting this Conditional Use Permit, together with the cumulative impact of the
other un-permitted structures and illegal modifications on the property, would be detrimental to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim.
CR5452DM.doc -1- PC2002-130
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5. That the tra~c generated by the proposed use, if approved, would impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That three people spoke at the public hearing in opposition to the proposal; that one
correspondence was received in opposition; and that a letter was received prior to the September 9,
2002, meeting with concerns pertaining to the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
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 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
September 9, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
- - .,/ f . ~~2J~.emn~l.-~ _
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 September 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN W ITNESS W HEREOF, I have hereunto set my hand this ~- ~~ day of
~ , 2002.
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SECRETA'f2Y, ANAHEIM CITY PLANNING COMMlSSION
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