87-406RESOLUTION NO. 87R-406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2938.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from RAYMOND A. MASCIEL AND CONNIE Y. MASCIEL, 1127 West North
Street, Anaheim, CA 92801, owner, and GARY MASCIEL, 420 S.
Euclid, Anaheim, CA 92807, agent, on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
LOTS 7 AND 8 IN BLOCK 2 OF SUMMERFIELD AND
OPPENHEIMER'S SUBDIVISION OF SPOERL TRACT, IN THE CITY
OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 19,
PAGE(S) 44, OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC87-162 granting
Conditional Use Permit No. 2038; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hear-
ing and did give all persons interested therein an opportunity to
be heard and did receive evidence and reports, and did consider
the same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and
ail evidence and reports offered at said public hearing before
the City Council, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons:
1. 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; and
2. That the size and shape of the site proposed for the
use is not adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare; and
3. That the granting of the conditional use permit would
be detrimental to the peace, health, safety, and general welfare
of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission granting said conditional use permit be, and the same
is hereby, reversed for the reasons hereinabove specified, and
that the request of said applicant to permit a 4-unit senior
citizens apartment complex on the hereinabove described real
property be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of September,
1987. R OF~THE~Ci~T
MAYO OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF AN-A-B~IM
BG/jb
110287
-2-
CL~tK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, LS'ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-406 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of September, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Hunter
B_ND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-406 on the 29th day of September, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of September, 1987.
CITY CI~ OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R4-0~uly passed and adopted
by the Anaheim City Council on September 29, 1987. ob
CITY CLERK OF THE CITY OF ANAKEIM