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92-185 RESOLUTION NO. 92R-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3523. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a women's transitional residential center for up to twenty (20) guests and two (2) on-site managers on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 31 OF ANAHEIM EXTENSION AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF WALNUT STREET, (60 FEET WIDE), AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 1394 AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 47-49 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE ALONG SAID SOUTHERLY LINE NORTH 74° 16' 15" EAST 268.17 FEET; THENCE AT RIGHT ANGLES THERETO, SOUTH 15° 43' 45" EAST 116.50 FEET THENCE AT RIGHT ANGLES THERETO, SOUTH 74° 16' 15" WEST 300.28 FEET TO A POINT IN SAID CENTER LINE OF WALNUT STREET; THENCE ALONG SAID CENTER LINE NORTH 0° 19' 18" WEST 120.84 FEET TO THE POINT OF BEGINNING. 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. PC92-85 granting Conditional Use Permit No. 3523; 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 18.03.030.030 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 because: a) The proposed use is surrounded by single-family residential dwellings; and b) The proposed use would involve the transitory housing of up to twenty (20) persons and two (2) on-site managers, the transportation by van each day of the residents to and from another site for work therapy assignments, the prohibition of visitors at the site and the confinement of the residents in the rehabilitation program during the first thirty days of residency; and c) The aforesaid use is not compatible with the character of the surrounding single-family residences; and d) The proposed use would adversely affect property values of the surrounding properties according to uncontroverted testimony received at the hearing. 2. 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 reasons set forth in Paragraph 1 above. 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 said applicant to permit a women's transitional residential center for up to twenty (20) guests and two (2) on-site managers 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. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of August, 1992. ATTEST: CITY CLE~ OF THE CITY OF ANAHEIM JLW:lm 082692 RCUP3523.12 - 3 - 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. 92R-185 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of August, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-185 on the 26th day of August, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of August, 1992. 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. 92R-18§ was duly passed and adopted by the City Council of the City of Anaheim on August 25, 1992. CITY CLERK OF THE CITY OF ANAHEIM