Loading...
88-415RESOLUTION NO. 88R-415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAItEIM DENYING CONDITIONAL USE PERMIT NO. 3078. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from JAMES ALLEN CANNADAY and BETTY BETE CANNADAY, 512 Las Riendas Drive, Fullerton, CA 92635, owners, to permit a second residential dwelling ("granny unit") on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 70 FEEl' OF THE NORTHERLY 120 FEEl' OF THE EASTERLY 156.50 FEET OF THAT PORTION OF VINEYARD LOT H5, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, AT PAGES 629 AND 650 OF DEEDS, RECORDS OF THE SOUTHERLY BOUNDARY, AND THE EASTERLY EXTENSION THEREOF, OF TRACT NO. 400, AS SHOWN ON A MAP T[iEREOF RECORDED IN BOOK 16, AT PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hail in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.05 of the Anaheim Municipal Code; and WttEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of ali evidence and reports offered at said hearing, did adopt its Resolution No. PC88-297 denying Conditional Use Permit No. 5078; 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 opportunit7 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 since such use would be used as a commercial rental unit on property already developed with a single-family residential unit which would result in two separate, unrelated, single-family residences upon one parcel and would not be consistent with existing single-family zoning; 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 since such use would be used as a commercial rental unit on property already developed with a single-family residential unit which would result irt two separate, unrelated, single-family residences upon one parcel and would not be consistent with existing single-family zoning; 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 since such use would be used as a commercial rental unit on property already developed uith a single-family residential unit which would result in two separate, unrelated, single-family residences upon one parcel and would not be consistent with existing single-family zoning. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for tile reasons hereinabove specified, the request of said applicant to permit a second residential unit ("granny unit") on tile 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 tile 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-S24. TIlE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of November, 1988. (MAY~OR OF TIZI~--~TY OF .~'kl~AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 3LW:db 2833L I13088 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-415 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of November, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ehrle, Kaywood, Pickler and Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-415 on the 5th day of December, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of December, 1988. 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. 88R-415 duly passed and adopted by the Anaheim City Council on November 29, 1988. CITY CLERK OF THE CITY OF ANAHEIM