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84R-150 RESOLUTION NO. 84R-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2499 (REHEARING). WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from GLORIA H. MILLER and DOROTHY H. HURLEY, owners, and G.G.P. ASSOCIATES, INC., agent, to permit a 79-unit senior citizens' apartment complex on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE WEST 132 FEET THEREOF. ALSO EXCEPT THE SOUTH 328 FEET THEREOF. ALSO EXCEPT THE EAST 262.30 FEET THEREOF; 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 re- quired 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. PC83-2l4 granting, in part, Conditional Use Permit No. 2499; 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 did 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 and denied Conditional Use Permit No. 2499 by its Resolution No. 84-11 on January 10, 1984; and *11.. "'~"~" ",,'.;-. -."'____.~_.....~ WHEREAS, thereafter, within the time prescribed by law, the applicant requested and was granted a rehearing by the City Council on said conditional use permit application; and WHEREAS, at the time fixed for said rehearing,m the City Council did hold and conduct such rehearing and did give the applicant and all other 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 such evidence and reports offered at said rehearing, 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 previous action of the City Council 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 79-unit senior citizens' apartment complex on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the aforesaid decision must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure. THE FOREGOING RESOLUTION is approved and adopted City Council of the City of Anaheim this l7t day of April M ASSISTANT ATTEST: CI~;4~EIM JLW: fm 2509M 5/8/84 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-150 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 April, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Overholt and Pickler NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay and Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 84R-150 on the 17th day of April, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of April, 1984. LEONORA N. SOHL, ASSIST. CITY CLERK BY ~~1fX ASSISTANT CITY CLERK (SEAL) I, LEONORA N. SOHL, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-150 duly passed and adopted by the Anaheim City Council on April 17, 1984. LEONORA NO. SOHL, ASSIT. CITY CLERK ~~I?{/i:<< BY -