Loading...
92-176 RESOLUTION NO. 92R-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3494. Wq{EREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from a 65-unit, "affordable", deck-type 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: LOTS ll, 12, 13, 14, 15 AND 16 OF TRACT 2780, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 89, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. TOGETHER WITH THAT PORTION OF TERI CIRCLE VACATED BY THE CITY OF ANAHEIM, BY RESOLUTION 89R-18, RECORDED FEBRUARY 10, 1989 AS INSTRUMENT NO. 89-072795 OF OFFICIAL RECORDS. 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. PC92-78 denying Conditional Use Permit No. 3494; 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: CUP 3494 1. 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 because the density of the project is approximately double the maximum density permitted by the Anaheim Municipal Code for condominium projects and would result in substandard size units unsuitable for home ownership; and 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 because the density of the project is approximately double the maximum density permitted by the Anaheim Municipal Code for condominium projects and would result in substandard size units unsuitable for home ownership. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.32.061.010 - Minimum building site area per dwelling unit. (2,400 sa. ft. required; 1,211 sa. ft. existing) SECTIONS 18.32.070.020 - Required elevators. and 18.96.040 - (Elevator access to all dwelling units on all floor levels required; none proposed to second story units) 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 the project applicant failed to present evidence that there are 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 the project applicant failed to present evidence that strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 3. That the project would require approval of a density bonus of over 100% (65 condominium units proposed; 32 condominium units permitted) while providing 33 of such units as affordable housing; such proposed exceeds the density bonus requirements for Government Code Section 65915 as implemented by Chapter 18.99 of the Anaheim Municipal Code which authorizes a maximum 25% density - 2 - bonus above the number of units otherwise permitted by the Anaheim Municipal Code. 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 to permit a 65-unit, "affordable", deck-type 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 11th day of August, 1992. T~~OF"~'{E CITY ATTEST: CI O~ CITY OF ANAHEIM THE JLW:lm 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-176 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of August, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 92R-176 on the 12th day of August, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed tlhe official seal of the City of Anaheim this 12th day of August, 1992. CITY CLERK OF-' THE CITY OF ANAHEIM (SEAL) _4~1~, I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certity that the foregoing is the original of Resolution No. 92R-176 duly passed and adopted by the City Council of the City of Anaheim on August 11, 1992. CITY CLERK: OF: THE CiTY OF ANAHEIM