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90-316 RESOLUTION NO. 90R-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3252. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit construction of a 226-unit, 3-story deck-type 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: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 107, PAGES 36 AND 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AND THE WEST 200.00 FEET OF LOT 1 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 286.00 FEET THEREOF. ALSO EXCEPT THAT PORTION WITHIN THE EAST 197.00 FEET OF THE SOUTH 320.00 FEET OF SAID LOT. AND THE SOUTH 400.00 FEET OF THE NORTH 436.00 FEET OF LOT 2 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF 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 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. PC90-154 denying Conditional Use Permit No. 3252; and CUP 3252 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 all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.050.050 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 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; 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; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: Sections 18.34.063.028 Minimum landscaped setback. and 18.96.030 (20 feet required adjacent to s~ngle~- amily residential zoning; 10 feet proposed along east [RS-7200] property line). WHEREAS, the City Council does find, after careful consideration of the action of the Planning Commission and all 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: -2- CUP 3252 1. That there are no 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o£ Anaheim that the request to permit construction of a 226-unit, 3-story deck-type 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 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 5860L 081790 -3- CUP 3252 STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF AN~EIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ that the foregoing Resolution No. 90R-316 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, Kaycod, Pickler and Hunter NOES: COUNCIL M~BERS: None ABSENT: COUNCIL MEMBERS: None ~D I ~RTHER certify that the M~or of the City of Anaheim signed said Resolution No. 90R-316 on the 24th day of August, 1990. IN WITNESS WEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of August, 1990. CITY CLE~ OF THE CITY OF AN~EIM ( 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-316, duly passed and adopted by the Anaheim City Council on August 14, 1990. CITY CLERK OF THE CITY OF ANAHEIM