RES-1989-449
RESOLUTION NO. 89R-449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3192.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from DONALD FORBES AND KENNETH WALKER, 131 Terraza San Angelo, La
Habra, CA 90631, owners, and GEORGE KRAJACIC, 720 Town and
Country Road, Orange, CA 92668, agent, to permit a 2-story,
l2-unit RM-2400 condominium complex on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THOSE PORTIONS OF SECTION 9 TOWNSHIP 4 SOUTH RANGE 10
WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
WEST STREET, AS SHOWN ON A MAP FILED IN BOOK 1 PAGE 56
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, WITH THE EASTERLY
PROLONGATION OF THE NORTH LINE OF LOT 2, AS SHOWN ON
SAID MAP; THENCE NORTHWESTERLY ALONG SAID CENTERLINE
TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 15.00
FEET FROM SAID NORTH LINE; THENCE WESTERLY ALONG SAID
PARALLEL LINE TO THE INTERSECTION WITH A CURVE
CONCENTRIC WITH AND DISTANT SOUTHEASTERLY 20.00 FEET
FROM THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED TO
THE COUNTY OF ORANGE RECORDED JUNE 30, 1959, IN BOOK
4780, PAGE 93 OF OFFICIAL RECORDS; THENCE
SOUTHWESTERLY ALONG SAID CURVE TO THE NORTH LINE OF
SAID LOT 2; THENCE EASTERLY ALONG SAID NORTH LINE AND
PROLONGATION THEREFORE TO THE POINT OF BEGINNING.
PARCEL 2
THAT PORTION OF SECTION 9 TOWNSHIP 4 SOUTH RANGE 10
WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
DNYG CUP 63192
BEGINNING AT A POINT IN THE CENTERLINE OF WEST STREET,
524.90 FEET SOUTHERLY FROM THE INTERSECTION OF SAID
CENTERLINE AND THE NORTH LINE OF SAID SECTION 9, AS
SHOWN ON A MAP FILED IN BOOK 1, PAGE 56 RECORDS OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID POINT OF BEGINNING BEING THE INTERSECTION
OF THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID
LOT 2 AND THE CENTERLINE OF SAID WEST STREET; THENCE
SOUTHERLY, ALONG THE CENTERLINE OF SAID WEST STREET,
488.20 FEET TO THE SOUTHERLY LINE OF SAID LOT 2,
EXTENDED TO SAID CENTERLINE OF THE WEST; THENCE
WESTERLY ALONG THE SOUTH LINE OF SAID LOT 2 AND ITS
EXTENSION, 562.59 FEET; THENCE NORTH 471.5 FEET
PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO A POINT
IN THE NORTH LINE OF SAID LOT 2; THENCE EAST, PARALLEL
WITH THE NORTH LINE OF SAID SECTION 9, 437.69 FEET TO
THE PLACE OF BEGINNING; 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. PC 89-251 denying
Conditional Use Permit No. 3192; 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 hear-
ing 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
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DNYG CUP 63192
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; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request of said applicant to permit a 2-story, l2-unit
RM-2400 condominium complex on the hereinabove described real
property 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 28th day of November,
1989.
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DNYG CUP 63192
CLERK
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. 89R-449 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of November, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehr1e, Pickler, Kaywood 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. 89R-449 on the 11th day of December, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of December, 1989.
~~ 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. 89R-449 duly passed and
adopted by the Anaheim City Council on November 28, 1989.
~~_?t ~
CITY CLERK OF THE CITY OF ANAHEIM