RES-1989-119RESOLUTION NO. 89R-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3103.
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
from GALEXY, A GENERAL PARTNERSHIP, BRUCE L. BORCHARDT ET AL,
4321 E. La Palma Avenue, Anaheim, CA 92807, owner and BENJAMIN
J. HALE, 4315 E. La Palma Avenue, Anaheim, CA 92807, agent, to
permit an auto repair shop with towing service on certain real
property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 398.35 FEET OF LOT 13 IN BLOCK 36 OF THE
"YORBA LINDA TRACT," IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK S, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (SAID
398.35 FEET BEING MEASURED FROM THE CENTERLINE OF THE
UNNAMED 60.00 FOOT STREET, SHOWN ON SAID MAP AS
ADJOINING AND SOUTHERLY OF SAID LOT.); 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. PC89-42 denying
Conditional Use Permit No. 3103; 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 due to the lack of sufficient
off-street parking for the proposed uses of the property; and
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 due to the lack of
sufficient off-street parking for the proposed uses of the
property; and
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 due to the lack of
sufficient off-street parking for the proposed uses of the
property; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTIONS 18.04.080.020
and' 1'8.6i'.i'0'0
Required improvement of
.public rig.hr-of-way.
(Sidewalk installation
required; none proposed)
SECTIONS 18.06.050.0222 -
and 18.61.066.050
Minimum number of
.p.arking spaces.
[106 requi'r'ed; 67
existing)
AND 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 waiver(s), that
all of the conditions set forth in Section 18.06.080 of the
Anaheim Municipal Code are not present, and that the aforesaid
parking waiver should be denied, for the following reasons:
1. That the variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect
adjoining land uses due to the lack of sufficient off-street
parking for the proposed uses of the property; and
2. That the granting of the variance(s) will be
detrimental to the peace, health, safety or general welfare of
the citizens of the City of Anaheim due to the lack of sufficient
off-street parking for the proposed uses of the property.
AND WHEREAS, the City Council does further find after
careful consideration of all evidence and reports offered at said
public hearing before the City Council that all of the conditions
set forth in Section 18.04.080.080 of the Anaheim Municipal Code
are not present, and that the aforesaid sidewalk improvement
waiver should be denied, for the following reasons:
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1. The applicant has failed to demonstrate that there is
no reasonable relationship between the need for the required
dedication and improvements and the type of development project
on which said requirements are imposed; and
2. The applicant has failed to demonstrate that the cost
of the required improvements unreasonably exceeds the burden or
impact created by the development project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
said conditional use permit and the request of the applicant to
permit an auto repair shop with towing service, with a waiver of
certain 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 llth day of April, 1989.
ATTEST:
~.ClTY CLERK OF T E C ANAHEIM
JLW: db
3026L
041289
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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. 89R-119 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the llth day of April, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood
NOES:
COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-119 on the 18th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of April, 1989.
~CI~ CLERK OF THE
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-119 duly passed and
adopted by the Anaheim City Council on April 11, 1989.
~~.CITY CLERK OF THE CITY OF ANAHEIM