90-262 RESOLUTION NO. 90R-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 5281.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a iS-unit "affordable" senior citizen's apartment complex
with waivers of the hereinafter specified provisions of the
Anaheim Municipal Code on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
as:
THE NORTH 120 FEET OF THE WEST 180 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION ?, IN TOWNSHIP 4 SOUTH,
RANGE 9 WEST, IN THE CITY OF ANAHEIM, SAN BERNARDINO
BASE AND MERIDIAN; 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 18.05 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. PC90-117 granting, in
part, Conditional Use Permit No. 5281; 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 hearing
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
all evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set forth in
Section 18.03.050.030 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.
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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.
3. 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.
4. 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.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.21.050.325 - Minimum site area per dwelling unit.
18.34.061.010 [1,200 sq.ft. required; 1,080 sq.~t.
and 18.94.031.020 proposed)
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the
City Council regarding said requested waivers, that the project
meets the criteria set forth in Section 65915 of the Government
Code for a mandatory density bonus; however, since the
conditional use permit is not being granted to allow said
project, the approval of said waivers is moot and such waivers
are, therefore, denied.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request of the applicant to permit a 15-unit
"affordable" senior citizen's apartment complex on the
hereinabove described real property with waivers of the aforesaid
provisions of the Anaheim Municipal Code 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of July, 1990.
CiTY CLERK OF T~B CiTY OF ANA~IM
JLW:kh
3805L
071890
CUP 3281
CLE~
STATE OF CALIFO~IA )
COUNTY OF ORANGE ) es.
CITY OF AN~EIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-262 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of July, 1990, by the following vote of the members thereof:
AYES COUNCIL MEMBERS: Ehrle, Daly, Ka~ood, Pickler
NOES COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
AND I ~RTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-262 on the 23rd day of July, 1990.
IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of July, 1990.
CITY CLERK OF THE CITY OF ~EIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-262, duly passed and
adopted by the Anaheim City Council on July 17, 1990.
CITY CLERK OF THE CITY OF ANAHEIM