88-371RESOLUTION NO. 88R-371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3028.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from GILBERT MEDICAL PARTNERSHIP, 925 South Gilbert Street,
Anaheim, California 92804, owner, and S & M DEVELOPMENT
CORPORATION, P. O. Box 3868, Mission Viejo, California 92690,
agent, to permit a three-story, 28-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:
LOT 4 OF TRACT 3091, IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK 92, PAGES 48 AND 49, 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
WttEREAS, 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. PC88-213 granting, in
part, Conditional Use Permit No. 3028; 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
ail evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set forth in
Section 18.05.050.030 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 of the proposed
density of development (number of units proposed); 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 of lack of
sufficient site area per dwelling unit; and
3. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area because of vehicular
traffic which would be generated by the eight additional units
over the number otherwise authorized by law; and
4. 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 of the proposed
density of development for the site which would generate a
greater number of occupants and vehicles than the site is zoned
to accommodate for residential purposes; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.34.061.010
AND 18.94.031.020
Minimum Building Site Area per
Dwelling Unit. (1200 square
feet required; 712 square feet
proposed).
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and ali
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 has failed to show 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.
2. 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 and
developed in accordance with existing code standards.
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3. That, even though a 20-unit senior citizens' apartment
project would be permitted on this site provided at least seven
of said units were "affordable" rentals as defined by law,
applicant's proposal for 28 units, eight of which would be
"affordable," does not meet the reqnirements of law which would
otherwise require the approval of the proposed waivers.
NON, THEREFORE, BE II' RESOLVED by the City Council of
the City of Anaheim that said conditional use permit and the
request of the applicant to permit a three-story, 28-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
City Council
1988.
is approved and adopted by the
of the City of Anaheim this 27th day of September,
MAYOR OF THE CITY AN}t
HEIMOF
ATTEST:
CITY CLERK OF
JLW:fm
2761L
092988
THE CITY OF ANAHEIM
-3-
CLERK
STATE OF CALiFORNiA )
COUNTY OF ORANGE ) ss.
CITY OF ~qAHEIM )
l, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-371 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of September, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Pickler and Bay
NOES:
COUNCIL MEMBERS: Ehrle and Hunter
ABSENT: COUNCIL MEMBERS: None
~qD I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-371 on the 30tn day of September, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 30tn day o£ September, 1988.
CITY CLEPdi OF THE CITY OF ANAHEIM
(S~)
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-371 duly passed and
adopted by the Anaheim City Council on September 27, 1988.
CITY CLERK OF THE CITY OF ANAHEIM