Resolution-PC 2008-84RESOLUTION NO. PC2008-84
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3(NEW
CONSTRUCTION OR CONVERSION OF SMALL STRUCTIJRES) AND APPROVING
CONDITIONAL USE PERMIT NO. 2008-05325
(704 SOUTH LEMON STREET)
WHEREAS, tlie Anaheim Planning Commission did receive a verified PeYition
for Conditional Use Permit No. 2008-05325 to convert an existing residence into a senior second
dwelling tmit and to construct a new single-family residence in the Single-Family (RS-2) zone on
certain rea] property situated in the City of Anaheim, Cotuity of Orange, StaYe oF Califomia,
shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
CenYer in the City of Anaheim on August 1$, 2008, at 2:30 p.m., notice of said public hearing
laaving been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
Therewith;
WHEREAS, said Conimission, after due inspection, investigation and study made
by itself and in its Uelialf, and after due cpnsideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. The proposed use to permit a senior second unit is properly one for which a
conditional ~ise permit is permitYad under authority ofCode Section No. 18.04.030.040.0402
(Senior Second Units).
2. The proposal, as conditioned herein, will noY adversely affect the adjoining land
uses and tlae growth and development of the area in wUiah it is proposed to be located because
flie senior second uniY sliould function seamlessly within the residenCial neighborhood.
3. The size and shape of the site for the use is adequate to allow the full development
of tl~e proposed use in a manner not detrimental to the partictiilar area or to tlle l~ealtl~ and safety.
4. The trafFic generated by the proposed use will not impose an undue Uurden upon
the streets and highways designed and improved to carry tlie traffic in the area.
5. Granting of the conditional use perniit imder the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Analieim and will provide a land
use tltat is compatible with tl~e surrounding area.
6. ThaY no one indicated fheir presence at said public l~earing in opposiGon; and Yl~at
no correspondence was received in opposition to tlie subject petition.
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VVHEREAS, the proposed project falls within tlte definition of Categorical
Exemptions, Section 15303, Class 3(New Constraction or Conversion of Small Structures) as
defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning .
Commission for tlie reasons hereiuabove stated does hereby approve Conditiona] Use Perntit No.
2008-05325 subject to the conditions of approval described in Exhibit "B" attached liereto and
incorporated by tliis reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the healtl~, safety and general welfare
of Cl~e Citizens of the City of Anahei~m.
BE IT FURTHER RESOLVED that the Anaheim Planning Conunission does
hereby find and detennine that adoption of this Resolution is expressly predicated upon
applicant's compliance witl~ each and all of tlie conditions hereinabove set fortli. Sliould any
such condiYion, or any part thereof Ue declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, tlien this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of Che
issuance of tl~e final invoice or prior to the issiiance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
pennits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at tlie Planning Commission
i~ieeting of August 18, 2008. Said resolution is subject Yo the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council ResoluYion in the event of an appeal.
CHAIRM~N, ~IAHEIM PLAlNN~TG COMMISSION
1 1
ATTEST:
SENIOR SE(~2ETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALLFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Analaeim Plaru~ing Commission, .do ~~
hereby certify that tl~e foregoing resolution was passed and adopted aC a meeting of the Anaheim
Plaiming Commission held on August 18, 2008, by tlie following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAICI, RAMIREZ
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNES3 WHEREOF, I l~ave hereunto set my hand this ~~'day oF
August, 2008.
SENIOR SEC~ETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERVITT NO. 2008-05325
~ ~~
Source: Recorded Trad N1aps ancilorCity GIS.
Ple ase note th e accuracy is +1- tno to five feel.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05325
2esponsible
No. Conditions oi' Approval for
Monitoring
PRIOR TO ISSUANCE OF A B UILDING PERMIT FOR EITHER UNIT, OR YVITHIN A
PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOL UTION, YVHICHEVER
OCCURS FIRST
1 Building plai~s sliall show conformance wiYh the current version Public
of Engineeeing Standard Aetail 114 pei~taining to driveway Works,
design and Engineering Standard Detail 115 pertaining to sigUt Engineering
distance visibility For signs, landscaping, and fence/wall Division
locations subjecY to the approval of tlle City Engineer. The
driveway musY line up with the new garage.
2 A grading plan shall be submitted to the Department of Public Public
Worlcs, Development Serviees Division for review and approval. Worlcs,
Engineering
Division
3 The site is within a sewer deficient area. The second uniY shall Public
iaot be occ~ipied until the sewer improvemenYs are completed by Works,
the City. Upgrades within Uie affected area are estimated to be Ea~gineerii~g
conlplete in Deeember 2008. Division
4 The property owner shall irrevQCably offer to dedicate to the City Public
of At~aheim an easement 10 feet in width fron3 the centerline of Worlcs,
tl~e alley. Engineering
Division
5 The property owner shall provide written proof to the Planning Planning,
Department that a covenant (including agreement and consent City
from any leiider whose interest is secured by the property) Attomey's '
setting forth tlle Pollowing requirements, in a fomi satisfactory OfFce
to the Planaaing Department and CiCy Attorney's Office, has
beeu recorded in the office of the Qrange County Recorder:
1. A reference to the deed under which tlie property
was acquired by the owner;
2. Tlie Second Unit shall not be sold or owned
separately, and the parcel upon wllicli tl~e u~~it is
located slaall not be subdivided in any manner hhat
would authorize sGich sale or ownership;
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3. The Second Unit shall be a legal unit, and may be
used as habitable sgace, only so long as eiCher the main
~
dwelling tinit, or tl~e Second Unit, is occupied by tlie owner of
record oFthe property; and
4. The restrictions sliall be binding upon any sttccessor
in ownership of the properCy.
5. The occupant(s) of the second uniC shall be a
minimum of 62 years of age or older.
GENERAL CONDITIONS
6 The subject property shall be developed substantially it~ Planning
accordance with plans and speciFications submitted to the City
of Anaheim by the applicanY and which plans are on file with
tlie Planning Department madced Exhibit Nos. 1 tlirough 4, and
as conditioned lierein.
7 Timing for compliance with conditions of approval may be Planning
a~ne~~ded by the Planning Director upon a showing of good
cause provided (i) equivalet~t tin~ing is established fliat satisfies
the origina3 inYent and purpose of the condition(s), (ii) the
modiGcation complies with the Anaheim Municipal Code and
(iii) tl~e applicuit lias dernonstrated significant progress toward
esCablislament of the tise or approved development.
$ Extensions for further tinze to complete conditioiis of approval Pla~aning
may Ue granted in aecordance with Section 18.60.170 aF the
AnaUeim Municipal Code.
9 Approval of this application constituYes approval of the Planning
proposed request only to the exten# hhaC it complies wit~l~ the
Anal~eim MLmicipal Zoning Code and any other agplicable
City, State and Federal regulations. Approval does not include
any action or findings as to compliance or approval of the
request regarding any other applicahle ordinance, regulation or
requiremenY.
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