90-055 RESOLUTION NO. 90R-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 5214.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from JAFAR JAHJANPANAH, 520 N. Rexford Drive, Beverly Hills, CA
90210, owner, and RONALD J. CROWLEY, 1700 Raintree Rd., Fullerton,
CA 92655, agent, to permit a 2-story, 24-unit, RM-2400
condominium 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:
A PORTION OF LOT ? IN BLOCK 17 OF A SUBDIVISION OF THE
SOUTH HALF OF SECTION 21, IN TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE
NORTH 0 DEG. 40' 20" EAST 669.60 FBBT ALONG THE WEST
LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 89 DBG. 43' S0" EAST 339.00 FEET ALONG THE
NORTH LINE OF SAID LOT; THENCE SOUTH 0 DBG. 33' 10"
WEST 668.87 FEET TO THE SOUTH LINE OF SAID LOT 7;
THENCE NORTH 89 DEG. 51' 10" WEST 540.40 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING.
EXCEPT THE WEST 150.00 FEET THEREOF.
ALSO EXCEPT THE NORTH 500.00 FEET THEREOF.
ALSO EXCEPT THEREFROM AN UNDIVIDED 4/$ths INTEREST IN
THE SOUTH 50.00 FEET OF THE EAST 12.5 FEET OF SAID
LAND; 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. PC89-297 denying
Conditional Use Permit No. 5214; and
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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.
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 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.
WHERBAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.32.062.012 Maximum structural height.
and 18.32.062.013 (permitted: 1 story within 50
feet of RS-10,000 zoning to the
west, and building height which
is maximum 50% of setback
distance; proposed: 2-stories at
10 feet, and building height (18
feet) which is 18% of setback
distance (10 feet)
SECTION 18.32.063.011 Minimum building setback.
(20 feet required along Katella
Avenue; 0 to 22 feet proposed)
SECTION 18.32.080.020 Minimum recreational/leisure area.
(750 sq. ft. per dwelling unit
required; $00 sq. ft. per
dwelling unit proposed)
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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:
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 of Anaheim that, for the reasons hereinabove specified,
the request to permit a 2-story, 24-unit, RM-2400 condominium
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 15th day of February,
1990.
ATTEST: 'HE"q,-FTY OF~AHEIM ~
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3523L
022090
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CLERK
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-55 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of February, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Kaywood and Hunter
NOES: COUNCIL MEMBERS: Ehrle and Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-55 on the 26th day of February, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 26th day of February, 1990.
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. 90R-55, duly passed and
adopted by the Anaheim City Council on February 13, 1990.
CITY CLERK OF THE CITY OF ANAHEIM