91-274 RESOLUTION NO. 91R-274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3415.
WHEREAS, the city Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit a 338-unit, 3 and 4-story deck-type "affordable" housing
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:
PARCELS i AND 2 IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 51, PAGE 4 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE
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. PC91-103 denying Conditional
Use Permit No. 3415; 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 #3415
1. That the proposed use is not properly one for which a
conditional use permit is authorized by the Anaheim Municipal Code,
or is not listed thereon as a permitted use because such use is not
a permitted conditional use in the "ML" Industrial, Limited Zone;
and
2. 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 because the project would be incompatible
with surrounding industrial uses; and
3. 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 project
would increase demands on overburdened city services; and
4. 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 because the project would
generate vehicular traffic inconsistent with surrounding industrial
uses; and
5. 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 for the reasons hereinabove
stated; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Section 18.34.061.010 - Minimum building site area Der
dwelling unit.
(1.200 sG. ft. required; 960 s~.
ft. proposed)
Section 18.34.067 Permitted identification siGnage.
and 18.05.080.030 (one 20 sG. ft. sign permitted;
two. 36 and 27 sq. ft., signs
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 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 there are no special circumstances applicable to the
property, including size, shape, topography, location or
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CUP 33415
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
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 338-unit, 3 and 4-story deck-type "affordable"
housing 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
reheatings 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 governedby
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 10th day of September,
1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3415.12
091191
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CUP #3415
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. 91R-274 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the loth day of
September, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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. 91R-274 on the 11th day of September, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of September, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-274 duly passed and adopted
by the City Council of the City of Anaheim on September 10, 1991.
CITY CLERK OF THE CITY OF AI~AHEIM