1981-592RESOLUTION NO. 81R -5:_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
2278.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from SHIOW -ING LIN and FANG -LING LIAO, owners, to permit a
commercial use of a residential structure with a waiver of the
minimum number of required parking spaces on certain real
property situated in the City of Anaheim, County of Orange,
State of California, described as:
LOT 2 OF TRACT NO. 2839, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 85 PAGES 9 TO 15 INCLUSIVE OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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 re-
quired by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, invest-
igation 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. PC81 -244, granting
Conditional Use Permit No. 2278; 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 opportun-
ity 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 Planning Commission and all
evidence and testimony received 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; 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 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
granting Conditional Use Permit No. 2278 be, and the same is hereby,
reversed for the reasons hereinabove specified, and that the re-
quest of SHIOW -ING LIN and FANG -LING LIAO, to permit commercial use
of a residential structure with a waiver of minimum number of re-
quired off- street parking spaces be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that notice is hereby given to the
applicant that the time within which judicial review of the afore-
said decision must be sought is governed by the provisions of Section
1094.6 of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th d. -f December, 1981.
l'
Y OF AN EIM
ATTEST:
CI Y LERK OF T Y OF ANAHEIM
JLW dh /fm
4•YsR OF TH
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
(SEAL)
SS.
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R -592 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of December, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour
NOES: COUNCIL MEMBERS: Roth
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R -592 on the 29th day of December, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of December, 1981.
61 4- 9%ietr 2 eNi l Oit4R
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R -592 duly passed and
adopted by the Anaheim City Council on December 29, 1981.
CITY CLERK