RES-1989-179RESOLUTION NO. 89R-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3114.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from PIERRE CES AND CLAUDIA CES, 385 Bayshore Drive North, Long
Beach, CA 90803, owners, to permit a 3-unit, 4,585 sq. ft.
commercial retail center 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:
LOT 22 AND 23 OF TRACT NO. 483, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 17, PAGE 20 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. 89R-86 granting
Conditional Use Permit No. 3114; 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:
DNYG CUP 3114
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; 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; and
3. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area; and
4. 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.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.44.063.040 -
Minimum landscaped setback.
"(10 feet required adjacent to
west property line, none pro-
posed)
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 of PIERRE CES AND CLAUDIA CES, 385 Bayshore Drive
North, Long Beach, CA 90803, owners, to permit a 3-unit, 4,58S
sq. ft. commercial retail center on the hereinabove described real
property with waivers of the aforesaid provisions of the Anaheim
Municipal Code be, and the same is hereby, denied.
-2- DNYG CUP 3114
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 9th day of May, 1989.
ATTEST'
CITY CLERK' Ol,-'r~ CITY OF ANAHEIM
JLW'db
3100L
051089
-3- DNYG CUP 3114
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-179 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of May, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 89Ro179 on the 12th day of May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of May, 1989.
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. 89R-179 duly passed and
adopted by the Anaheim City Council on May 9, 1989.
CITY CLERK OF THE CITY OF ANAHEIM