95-180 RESOLUTION NO. 95R-180
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF.ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3787.
WHEREAS, the City 'Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 46-bed boardsand care facility on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
LOTS 5 AND 6 OF TRACT NO. 3203, IN THE CITY OF
ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 96 PAGE 23
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA
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. PC95-107 denying Conditional
Use Permit No. 3787; 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:
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 a]iow 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; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
Sections 18.06.050.026.0265 - Minimum number of parking spaces
18.06.080 (37 required; 6 existinq and
and 18.44.066.050 recommended by the City Traffic
and Transportation Manager); and
AND WHEREAS, the City Council does further 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 waiver(s), that all of the
conditions set forth in Section 18.06.080 of the Anaheim Municipal
Code are not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
1. That the variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect adjoining
land uses; and
2. That the granting of the variance(s) will be detrimental
to the peace, health, safety or 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, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional use
permit be, and the same is hereby, affirmed and that the request of
the applicant to permit a 46-bed board and care facility with a
waiver of certain 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 17'd~October, 1995.
MAYOR OF THE CITY OF ~AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
14638.1\JWHITE\Nove~ber 2, 1995 -- 2 --
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. 95R-180 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 17th day of October, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-180 on
the 17th day of October, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 17th day of October, 1995.
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. 95R-180 was duly passed and adopted by the City Council of the City of Anaheim on
October 17th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM