88-421RESOLUTION NO. 88R--421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3049.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from Wilken Way Limited Partnership, Attn: Richard T. Brown, 6775
Airport Drive, Riverside, CA 92504, owner, to permit a one to
eight-story, 327-unit "affordable" senior citizens' 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:
PARCEL 1: LOT 16 OF TRACT NO. 2534, AS PER MAP
RECORDED IN BOOK 115 PAGES 15 AND 16 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THE NORTH 130.00 FEET THEREOF:
ALSO EXCEPT THAT PORTION THEREOF LYING SOUTH OF A LINE
THAT IS PARALLEL WITH AND 200.00 FEET NORTHERLY
MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF BALL
ROAD AS SAID CENTER LINE IS SHOWN ON SAID MAP.
PARCEL 2: THE SOUTH 200.00 FEET OF THE WEST 200.00
FEET, AS MEASURED FROM THE CENTERLINES OF ADJOINING
STREETS, OF LOT 16 OF TRACT NO. 2534, AS PER MAP
RECORDED IN BOOK 115 PAGES 15 AND 16 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 3: THE SOUTH 200 FEET OF LOT 16 OF TRACT NO.
2534, AS SttOWN ON A MAP RECORDED IN BOOK 115, PAGES 15
AND 16 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THE WEST 200 FEET THEREFROM,
BEING MEASURED FROM TIlE CENTER LINE
ADJOINING); and
(SAID DISTANCES
OF STREETS
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. PC88-306 denying
Conditional Use Permit No. 3049; 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
ali 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 applicant failed to present evidence to
demonstrate that the proposed use will not 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 applicant failed to present evidence to
demonstrate that the size and shape of the site proposed for the
use is 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 applicant failed to present evidence to
demonstrate that the traffic generated by the proposed use will
not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area; and
4. That the applicant failed to present evidence to
demonstrate that the granting of the conditional use permit would
not be detrimental to the peace, health, safety, and general
welfare of the citizens of the City of Anaheim.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.04.043.101
and
18.94.033.022
18.94.037.021
MAXIMUM fence height adjacent
local street.
(5 feet permitted; 6 feet
proposed
to
SECTIONS 18.34.061.010
and
18.94.031.020
Minimum building site area per
dwelling unit.
(1200 square feet required;
965 square feet proposed).
-2-
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 the applicant failed to present evidence to
demonstrate that there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That the applicant failed to present evidence to
demonstrate 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.
3. That the proposed project would otherwise be eligible
for a density bonus permit to the provisions of Section 659.5 of
the Government Code except that the project has been denied.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim for the reasons hereinabove specified, the
request of Wilken Way Limited Partnership, Attn: Richard T.
Brown, 6775 Airport Drive, Riverside, CA 92504, owner, to permit
a one to eight-story, 327-unit "affordable" senior citizens'
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
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 December, 1988.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: db
2843L
120788
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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. 88R-421 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of December, 1988, by the following vote of the members thereof:
AYES
NOES
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-421 on the 14th day of December, 1988.
IN WITNESS W~HEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 14th day of December, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONOP~. N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-421 duly passed and
adopted by the Anaheim City Council on December 6, 1988.
CITY CLERK OF THE CITY OF ANAHEIM