98-005
RESOLUTION NO.
98R-5
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3949.
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WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to retain an existing two-story, 23-unit motel (which had been
permitted by a prior conditional use permit which has expired by
an express time limitation imposed pursuant to a previous
enforcement action) on certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
THAT NORTH 66 FEET OF THE SOUTH 528 FEET OF THE
WEST 330 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF
SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 1,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
EXCEPT THE WESTERLY 92.00 FEET THEREOF; 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. PC97-137 denying
Conditional Use Permit No. 3949; 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
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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 this motel operation
has been exercised in a manner which has resulted in an
inordinate number of calls for service to this property, causing
a disproportionate draw upon Police Department and Code
Enforcement Division resources and causing secondary detrimental
impact to the peace, health, safety and general welfare of the
citizens of the City of Anaheim; and that the types of calls for
Police Department and Code Enforcement Division service continue
to involve incidents detrimental to the public health, peace,
safety and welfare;
2. That the granting of the conditional use permit will be
detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim because the continuing and
ongoing Code violations and criminal activity indicate the
owner's inability to operate this business in compliance with
City, County, and State regulations even after revocation and/or
modification proceedings for the previous conditional use permit
by the Planning Commission, a Hearing Officer and the City
Council;
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
Conditional Use Permit No. 3949 be, and the same is hereby,
denied.
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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.
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ATTEST:
Lei_/1- :;;~
CITY CLERK OF THE CITY OF ANAHEIM
0025472.01
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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-5 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. 97R-5 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.
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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-5 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