88-372RESOLUTION NO. 88R-372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3047.
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 MARC V. BAHNER AND CANDICE JANE BAHNER, 21165 Via Ausa,
Yorba Linda, California 92686, owners, and RHR ASSOCIATES, 17321
Coventry Lane, Yorba Linda, California 92686, agent, on certain
real property situated in the City of Anaheim, County of Orange,
State of California, described as:
PARCEL 1: THAT PORTION OF THE LANDS ALLOTTED TO M.
YORBA ACCORDING TO A MAP ATTACHED TO AND MADE A PART
OF THE DECREE OF PARTITION OF THE RANCHO CANON DE
SANTA ANA RENDERED IN CASE NO. 1978 OF THE 17TH
JUDICIAL DISTRICT COURT OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING IN THE CENTER LINE OF THE ANAHEIM DITCH
346.40 FEET SOUTH 81 DEGREES 15'20" WEST FROM THE
NORTHEAST CORNER OF LAND CONVEYED TO MARCOS YORBA TO
ANGEL NABARRO, BY DEED RECORDED IN BOOK 55, PAGE 10,
DEEDS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; AND
RUNNING THENCE NORTH 81 DEGREES 15'20" WEST ALONG SAID
CENTER LINE 70-1/2 FEET; THENCE NORTH 9 DEGREES 33'50"
WEST 210 FEET TO THE POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hail 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. PC88-222 granting
Conditional Use Permit No. 3047; 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 said use will not
directly serve the industrial community, but is designed to serve
and cater to the general public; 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 generation
of vehicular traffic for such use by the general public which
would be incompatible with industrial traffic; 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; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTION 18.06.050.0222
18.06.050.031
AND 18.61.066.050
Minimum Number of Parking
Spaces. (20 required; 11
provided)
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
waiver(s) 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; 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.
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 automotive repair facility with a waiver of certain
provisions of the Anaheim Municipal Code be, and the same is
hereby, denied.
-2-
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
City Council of
1988.
FOREGOING RESOLUTION is approved and adopted by the
the City of Anaheim this 27th day of September,
MAYOR OF
TCIT~Y OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: fn
2762L
-3-
CLEILK
STATE OF CALiFOKN±A )
COUNTY OF ORal, GE ) ss.
CiTY OF ANAHEIM )
£, LEONORA N. SOHn, City Clerk of the City of Anaheim, do hereby certify that
tue foregoing Resolution No. 5~R-372 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of September, 1988, by the following vote of the members thereof:
AYES:
COUNCIL M~4BERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
,kBSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-372 on t~e 30th day of September, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim t~is 30th day of September, 1988.
CITY CLERK OF THE CITY EIM
(SEAL)
i, LEONOKA N. SOHL~ City Clerk of the City of Anaheim, do hereby certify tt~t
the ioregoing is the original of Resolution No. 88R-372 duly passed and
adopted by the Anaheim City Council on September 27, 1988.
CITY CLERK OF THE CITY OF ~NAH~IM