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87-487 RESOLUTION NO. 87R-487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIG- NATED AS AMENDMENT NO. 231, EXHIBIT "A." WHEREAS, the City of Anaheim, pursuant to the recommendations of the Planning Commission of the City of Anaheim, adopted a General Plan for the City of Anaheim; and WHEREAS, on the 28th day of September, 1987, the City Planning Commission of the City of Anaheim did hold a public hearing to consider a General Plan Amendment. The General Plan Amendment does consider changing the land use designation for the area of land consisting of approximately 3.9 acres (21 lots) located on the north side of Pearl Street between West Street and 170 feet east of Dwyer Place, and on the south side of Pearl Street between Carleton Avenue and 170 feet east of Dwyer Place; and WHEREAS, at said public hearing, the City Planning Commission did duly adopt its Resolution No. PC87R-206 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that said Amendment to the General Plan designated as Amendment No. 231 be adopted by the City Council changing the land use designation for the aforedescribed area to "Low-Medium Density Residential" in accordance with Exhibit "A"; and WHEREAS, upon receipt of said Resolution, summary of evidence, report of findings and recommendations of the City Planning Commission, the City Council did fix the 17th day of November, 1987, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Amendment No. 231 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly 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 recommendations of the City Planning Commission; and WHEREAS, the City Council does find and determine that Amendment No. 231 changing the land use designation in the aforedescribed area in accordance with Exhibit "A" on file with the City should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Amendment No. 231 to the General Plan changing the land use designation for the aforedescribed area to "Low-Medium Density Residential" in accordance with Exhibit "A" on file with the City be, and the same is hereby, approved. GPA 231 " - 'T , WHEREAS, said Commission, after due inspection, 1nvestigation 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. PC87-l82 denying Conditional Use Permit No. 2920; 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 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 the action of the City Planning (ommission denying said conditional use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request of said applicant to permit a two-story, 46-unit (previously 50) motel 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. 'Y? .... 'T' THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of November, 1987. ATTEST: /-, -- /Í .- I" '¡ ,~\_~~- / c: -~ ~ CITY CLERK OF THE CITY OF ANAHEIM BG:kh 2134L/120187 " ~\L, MAYOR OF THE CITY OF~ANAHEIM .... r CLERK STATE OF CALIFORNIA COUNTY OF ORANGE GIfY OF ANAHEIM ) ) ) ss. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-487 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of November, 1987, by the following vote of the members thereof: A. YES: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter M~D I FU~THER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-487 on the 17th day of November, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of November, 1987. , . '4 ", /., /-71' c--'" [G~ C! /(/ ( '\ 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. 87R-487 duly passed and adopted by the Anaheim City Council on November 17,1987. ",/',../- /7/ ~ ~ Ie ¡" "'1.;/ CITY CLERK OF THÍ CITY OF ANAH ""n 'r