97-229RESOLUTION NO. 97R-229
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3948.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit conversion of an existing 8,684 sq. ft. commercial center
to a mortuary on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
LOTS 17, 18 AND 19 OF TRACT NO. 1820 IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
51 PAGES 31 AND 32 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. PC -97 -138, granting, in part,
Conditional Use Permit No. 3948; 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 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 due to the lack of the
minimum number of off street parking spaces required by the Anaheim
Municipal Code; 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 due to the lack of the minimum
number of off street parking spaces required by the Anaheim
Municipal Code; and
WHEREAS, the City Council does further find and determine
with regard to the requested waiver(s) of Anaheim Municipal Code
requirements, other than the requested waiver of off street parking
requirements, as follows:
1. That there are no special circumstances applicable to the
property which do not apply to other property in the same vicinity
and zone; and
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in the
same vicinity and zone.
WHEREAS, the City Council does further 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 off street parking
requirement waiver, that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are not present, and that
said waiver should be denied, for the following reasons:
1. That the variance will cause an increase in traffic
congestion in the immediate vicinity and adversely affect adjoining
land uses because no provision has been made by the applicant for
overflow parking for vehicles which cannot be accommodated in the
existing parking lot; and
2. That the granting of the variance will be detrimental to
the peace, health, safety or general welfare of the citizens of the
City of Anaheim because no provision has been made by the applicant
for overflow parking for vehicles which cannot be accommodated in
the existing parking lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
granting, in part, said conditional use permit with a waiver of
certain provisions of the Anaheim Municipal Code be, and the same
is hereby, reversed for the reasons hereinabove specified, and that
the request to permit conversion of an existing 8,684 sq. ft.
commercial center to a mortuary with the following waivers 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 2nd day of December, 1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MAYOR OF THE CITY OF I• AHEIM
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. 97R -229 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 2nd day of December, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -229 on the 2nd day of December, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 2nd day of December, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -229 was duly passed and adopted by the City Council of
the City of Anaheim on December 2nd, 1997.
7/t .,,ie_t____
CITY CLERK OF THE CITY OF ANAHEIM