92-176 RESOLUTION NO. 92R-176
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3494.
Wq{EREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from a 65-unit, "affordable", deck-type condominium 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:
LOTS ll, 12, 13, 14, 15 AND 16 OF TRACT 2780,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 89,
PAGES 11 AND 12 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
TOGETHER WITH THAT PORTION OF TERI CIRCLE
VACATED BY THE CITY OF ANAHEIM, BY RESOLUTION
89R-18, RECORDED FEBRUARY 10, 1989 AS
INSTRUMENT NO. 89-072795 OF OFFICIAL RECORDS.
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. PC92-78 denying Conditional
Use Permit No. 3494; 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 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
CUP 3494
1. 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 because the density of
the project is approximately double the maximum density permitted
by the Anaheim Municipal Code for condominium projects and would
result in substandard size units unsuitable for home ownership; and
2. 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 because the density of the
project is approximately double the maximum density permitted by
the Anaheim Municipal Code for condominium projects and would
result in substandard size units unsuitable for home ownership.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.32.061.010 - Minimum building site area
per dwelling unit. (2,400
sa. ft. required; 1,211 sa.
ft. existing)
SECTIONS 18.32.070.020 - Required elevators.
and 18.96.040 - (Elevator access to all
dwelling units on all floor
levels required; none
proposed to second story
units)
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 all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That the project applicant failed to present evidence
that there are special circumstances applicable to the property,
including size, shape, topography, location or surroundings, which
do not apply to other property under identical zoning
classification in the vicinity.
2. That the project applicant failed to present evidence
that strict application of the zoning code deprives the property of
privileges enjoyed by other property under identical zoning
classification in the vicinity.
3. That the project would require approval of a density
bonus of over 100% (65 condominium units proposed; 32 condominium
units permitted) while providing 33 of such units as affordable
housing; such proposed exceeds the density bonus requirements for
Government Code Section 65915 as implemented by Chapter 18.99 of
the Anaheim Municipal Code which authorizes a maximum 25% density
- 2 -
bonus above the number of units otherwise permitted by the Anaheim
Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the city Planning Commission
denying said conditional use permit be, and the same is hereby,
affirmed for the reasons hereinabove specified, and that the
request to permit a 65-unit, "affordable", deck-type condominium
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 11th day of August, 1992.
T~~OF"~'{E CITY
ATTEST:
CI O~ CITY OF ANAHEIM
THE
JLW:lm
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-176
was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th
day of August, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-176 on the 12th
day of August, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed tlhe official seal of the City of Anaheim this 12th
day of August, 1992.
CITY CLERK OF-' THE CITY OF ANAHEIM
(SEAL)
_4~1~,
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certity that the foregoing is the original of
Resolution No. 92R-176 duly passed and adopted by the City Council of the City of Anaheim on August 11, 1992.
CITY CLERK: OF: THE CiTY OF ANAHEIM