1985-029RESOLUTION NO. 85R-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2624.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ANAHEIM HILLS DEVELOPMENT CORPORATION, owner, and PACIFIC
BELL, agent, to permit a remote telephone switching 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:
PARCELS 2, AS SHOWN ON A MAP FILED IN BOOK 137, PAGES
15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER 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. PC 84-198 granting
Conditional Use Permit No. 2624; 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 visual
incompatability of the proposed use with the surrounding
residential uses; 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 because the use cannot
be developed without a variance from the hereinafter specified
provision of the Anaheim Municipal Code; 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 visual impact of
the proposed use on the surrounding residential properties; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.21.063.010 - Minimum structural setback.
25 feet front setback required;
12 to 20 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.
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 of ANAHEIM HILLS DEVELOPMENT CORPORATION, owner,
and PACIFIC BELL, agent, to permit a remote telephone switching
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 a
rehearing 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.
-2-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of January, 1985.
MAYOR OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF AN
2350U
1/29/85
-3-
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. 85R-29 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~,,.
the 15th day of January, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-29 on the 15th day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of January, 1985.
~ //~~-~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOF~L, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-29 duly passed and adopted
by the Anaheim City Council on January 15, 1984.
~~~~~
CITY LERK