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Resolution-PC 2002-7• RESOLUTION NO. PC2002-7 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04487 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 30 OF TRACT 1603, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 47, PAGE(S) 3, OF 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 January 14, 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 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 p~oposed us~ is not properly one for which a conditional use permit is authorized by the Anaheim Municipal Code and the California Government Code Section 65852.1 to permit and retain an existing granny u~it in conjunction with an existing single-family residence with waiver of the following: (a) (b) (c) SECTION NO. 18.26.063.020 SECTION NO. 18.26.063.030 SECTION NO. 18.26.064.030 Required rear yard setback. (10 feet required; 5 feet proposed and existing). Required side yard setback. (5 feet required; 3 feet proposed and existing). Permitted encroachment into required yard. (Deleted). 2. That the proposed use is hereby denied; 3. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 4. That the size and shape of the property on which the second unit is built is adequate to allow the full development of a second unit without the need for waivers, and in a manner not detrimental to the particular area nor to the peace, heaith, safety and generai weifiare of the Citizens of the ~ity of Anahs9m. The sxis#ing second uni#, as sited, adversely affects the adjoining land uses by needlessly encroaching into required rear and side yard setback areas; 5. That the granting of the Conditional Use Permit will be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim; 6. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; CR5277DM.doc - 1 - PC2002-7 • ! 7. That two people spoke in opposition of the subject request at said public hearing; and that 2 letters were received in opposition to the subject petition; and 8. That one person spoke in favor of the subject 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, (new construction) as defined in the State CEQA Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. 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 January 14, 2002. , 8`~.' ~ CHAIRPER N, ANAHEI ITY PLANNING COMMISSION ATTEST: ~ -t"~i~,~~~ ~O~ 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 January 14, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ 5 T"~day of Ot.~n ~ar , 2002. L~~+s-z- ,~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2002-7