90-306 RESOLUTION NO. 90R-306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3275.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a 334-unit (later reduced to 297-unit) 3- and 4-story,
deck-type housing apartment complex on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH,
RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, AS PER MAP RECORDED IN BOOK 41, PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 666.00 FEET
ALSO EXCEPT THE WESTERLY 60.00 FEET OF THE EASTERLY
270.00 FEET OF THE SOUTHERLY 22.00 FEET OF SAID EAST
HALF; 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
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. 90-110 denying
Conditional Use Permit No. 3275; 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 thereinafter denied approval
of a mitigated negative declaration for the proposed project
pursuant to the provisions of California Environmental Quality
Act; and
CUP 5275
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 for the following reasons:
a. The proposed project site consists of
approximately 9.2 acres and is currently developed with
a 124-unit apartment complex built on or about 1959.
b. The proposed project ~ould increase the
number of dwelling units from 124 to 297 and result in
a density greater than exists on properties in the
surrounding area.
c. The proposed project site is adjacent to
single-family residential uses to the vest and on the
adjoining street (Magnolia Avenue) to the east, and by
a church and school to the south.
d. The proposed high density of the project is
inconsistent with such adjoining land uses.
e. The proposed project would generate noise,
traffic and fumes adversely affecting the adjoining
land uses; 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 for the foliowing
reasons:
a. The reasons set forth in subparagraphs a
through e of Paragraph 1 above are incorporated herein
by this reference as if set forth in full.
b. The proposed use would generate vehicular
and pedestrian traffic detrimental to the safety of
persons attempting to cross the street in the vicinity
of the proposed use; and
5. 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 for the following reasons:
-2- CUP 3275
a. The reasons set forth in subparagraphs a
through e of Paragraph i and subparagraph b of
Paragraph 2 above are incorporated herein by this
reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission 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 297-unit, 5- and
4-story, deck-type housing apartment complex 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.
TIlE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of August, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3857L
081790
-3- CUP 3275
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. 90R-306 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of August, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-306 on the 24th day of August, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of August, 1990.
CITY CLERK OF THE CITY OF ANANEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-306, duly passed and
adopted by the Anaheim City Council on August 14, 1990.
CITY CLERK OF THE CITY OF AHAHEIM