86R-365
RESOLUTION NO. 86R-365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2812.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from RICHARD L. MUCKENTHALER, L. A. MUCKENTHALER TRUST, 1318 West
Katella Avenue, Anaheim, California 92802, owner and HAE J. LEE
AND YOUNG LEE, 23312 Ravenna Avenue, Carson, California 90745,
agent to permit a transmission repair facility 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:
THE EAST 182.00 FEET OF THE SOUTH 181.00 FEET OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH
LINE OF SAID LAND NORTH 890 39' 15" EAST 25.00 FEET FROM THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 440 41' 10" WEST 35.38
FEET TO A POINT ON THE WEST LINE OF SAID LAND SOUTH 00 16'
55" EAST 25.00 FEET FROM THE NORTHWEST CORNER THEREOF; 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. PCS6-l76 granting
Conditional Use Permit No. 2812; 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.
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.
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.
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 18.44.064.010
Minimum landscaped setback area.
(3-foot wide landscaped area adjacent
to Crescent and Loara required;
2 feet proposed)
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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
granting said conditional use permit be, and the same is hereby,
reversed for the reasons hereinabove specified, and that the
request to permit a transmission repair facility 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 5th day of August, 1986.
MAY~E/Z;:~
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-365 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of August, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL M~1BERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-365 on the 5th day of August, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of August, 1986.
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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. 86R-365 duly passed and
adopted by the Anaheim City Council on August 5, 1986.
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CITY CLERK