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90-262 RESOLUTION NO. 90R-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 5281. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a iS-unit "affordable" senior citizen's 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: THE NORTH 120 FEET OF THE WEST 180 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ?, IN TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE CITY OF ANAHEIM, SAN BERNARDINO BASE AND MERIDIAN; 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 18.05 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. PC90-117 granting, in part, Conditional Use Permit No. 5281; 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 all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.050.030 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. CUP 3281 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. 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. 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. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTIONS 18.21.050.325 - Minimum site area per dwelling unit. 18.34.061.010 [1,200 sq.ft. required; 1,080 sq.~t. and 18.94.031.020 proposed) 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 the project meets the criteria set forth in Section 65915 of the Government Code for a mandatory density bonus; however, since the conditional use permit is not being granted to allow said project, the approval of said waivers is moot and such waivers are, therefore, denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of the applicant to permit a 15-unit "affordable" senior citizen's 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. -2- CUP 3281 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of July, 1990. CiTY CLERK OF T~B CiTY OF ANA~IM JLW:kh 3805L 071890 CUP 3281 CLE~ STATE OF CALIFO~IA ) COUNTY OF ORANGE ) es. CITY OF AN~EIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-262 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 July, 1990, by the following vote of the members thereof: AYES COUNCIL MEMBERS: Ehrle, Daly, Ka~ood, Pickler NOES COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None AND I ~RTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-262 on the 23rd day of July, 1990. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of July, 1990. CITY CLERK OF THE CITY OF ~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-262, duly passed and adopted by the Anaheim City Council on July 17, 1990. CITY CLERK OF THE CITY OF ANAHEIM