90-106 RESOLUTION NO. 90R-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3222.
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 auto dismantling, storage and retail sales
(Pick-Your-Part) on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
LOTS 1 TO 17 OF TRACT NO. 11830, AS SHOWN ON A MAP
RECORDED IN BOOK 540, PAGES 14, 15, 16 AND 17 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE, COUNTY,
CALIFORNIA: 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. PC90-16 denying
Conditional Use Permit No. 3222: 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 is not properly one for which a
conditional use permit is authorized by the zoning Code since
automobile dismantling, storage and retail sales are not
permitted or conditionally permitted in the RM-1000 (Residential
Multiple-Family) Zone and the subject property is located in such
zone; and
CUP 3222
2. That the proposed use will adversely affect the
adjoining land uses and the growth and development of the area in
which ft is proposed to be located: and
3. 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 adverse
environmental impact (i.e., noise, traffic, dust and visual
blight) the proposed use would have on the residential dwellings
located to the east, north and west of the subject property: and
4. That the granting of the conditional use permit would
be detrimental to the peace, health, safety, and general welfare
due to the adverse environmental impact (i.e., noise, traffic,
dust and visual blight) the proposed use would have on the
residential dwellings located to the east, north and west of the
subject propertyof the citizens of the City of Anaheim; 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; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the city Planning
Commission denying said conditional use permit with a waiver of
certain provisions of the Anaheim Municipal Code be, and the same
is hereby, affirmed for the reasons hereinabove specified, and
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that the request to permit auto dismantling, storage and retail
sales (Pick-Your-Part) On the hereinabove described property be,
and the same is hereby, denied.
BE IT FURTHER RESOL~D that the time within which
reheatings 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 3rd day of April, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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040590
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CLE~
STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of t~ City of An~eim, do hereby certify bat
the foregoing Resolution No. 90R-106 was introduced and adopted at a regular
meeting provided by law, of the City Council of be City of Anaheim held on
be 3rd day of ~ril, 1990, by the following vote of the members thereof:
AYES: COUNCIL M~BERS: Daly, ~rle, Ka~ood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I ~RTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-106 on the 6b day of ~ril, 1990.
IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim his 6th day of ~ril, 1990.
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. 90R-106, duly passed and
adopted by the Anaheim City Council on April 3, 1990.
CITY CLERK OF THE CITY OF ANAHEIM