Resolution-PC 2004-32~ ~
RESOLUTION NO. PC2004-32
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04832 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 2 OF TRACT 3439, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA AS PER MAP RECORDED BOOK 128, PAGES 41 AND
42 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 March 22, 2004 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
Anaheim Municipal Code Section 18.26.050.057 to permit a residential group care facility for up to 16
elderly residents.
2. That the proposed use, a residential group care facility in the RS-7200 (Residential,
Single-Family) zone, is hereby denied because said use would adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed use 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 would be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
5. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That one person spoke at the public hearing in favor of the proposal.
7. That 15 people indicated their presence at the public hearing in opposition to the
proposal with 11 people speaking in opposition; and that 19 letters of opposition were received.
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 1, 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.
CR\PC2004-032.doc -1- PC2004-32
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 22, 2004.
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~CQ.6 v
ERSON, ANAHEIM CI Y PLANNI G COMMISSION
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 March 22, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~G~~=''day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2004-32