98-004
RESOLUTION NO. 98R-4
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3976.
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 board and care facility for up to 10 people in an
existing 2,400 sq. ft. single family dwelling on certain real
property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 27 OF TRACT NO. 3321, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 100, PAGES
35 AND 36 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC97-163 granting, in part,
Conditional Use Permit No. 3976 but limiting the maximum number of
residents to eight (8) people; 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 because inadequate off-street parking spaces
are proposed to meet minimum Anaheim Municipal Code requirements
for board and care facility with eight or more residents; 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 because inadequate off-
street parking spaces are proposed to meet minimum Anaheim
Municipal Code requirements for board and care facility with eight
or more residents; 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 because inadequate off-street
parking spaces are proposed to meet minimum Anaheim Municipal Code
requirements for board and care facility with eight or more
residents; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
Sections 18.06.050.0265
18.06.080
and 18.26.066.010
Minimum number of parking spaces.
(6 required for 8 residents;
4 proposed)
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 waiver would cause fewer off-street parking
spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of operation
of such use; and
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under the normal and reasonably foreseeable conditions of operation
of such use; and
2. That the waiver would increase the demand and competition
for parking spaces upon the public streets in the immediate
vicinity of the proposed use; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
request of the applicant to permit a board and care facility in an
existing 2,400 square foot single-family dwelling 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 6th day of January, 1998.
ATTEST:
~a~~
CITY CLERK OF THE CITY OF ANAHEIM
0025471.01
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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. 98R-4 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 6th day of January, 1998, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-4 on the 6th day of January, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 6th day of January, 1998.
~~ 'J( ~~,
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. 98R-4 was duly passed and adopted by the City Council of the
City of Anaheim on January 6th, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM