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2001-034RESOLUTION NO. 2001R-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING SPECIAL CIRCUMSTANCES WAIVER NO. 2000-00006. WHEREAS, an application for a waiver of a requirement for a Special Event Permit was submitted to the City by the property owner, or the owner's agent, to permit a special event permit for a three-day outdoor used automobile sales event within the parking lot of the Anaheim Indoor Marketplace property in the City of Anaheim (Special Circumstances Waiver No. 2000-00006); and WHEREAS, Section 18.02.055.080.0802 of the Anaheim Municipal Code grants the Zoning Administrator the authority to approve a waiver from the Special Event Permit requirements, if the Zoning Administrator finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present; and WHEREAS, requests for waivers of Special Event Permit requirements are designated "Special Circumstances Waivers;" and WHEREAS, the Zoning Administrator of the City of Anaheim conducted a hearing upon said application as a result of which Special Circumstances Waiver No. 2000-00006 was approved; and WHEREAS, thereafter, within the time prescribed by law, the City Council, on its own motion, caused the review of said Zoning Administrator action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: That the petitioner proposes waiver of Section 18.02.055.050 of the Anaheim Municipal Code relating to Special Event Permits. That waiver would not serve the public interest, safety or general welfare or that no extraordinary circumstances are present in that: the event involves use of the property by automobile dealerships who are established in other off-site locations; no auto dealers conducting retail automobile sales are currently licensed or entitled on this property; Co the event may have negative impacts on existing dealerships; and approval may encourage proliferation of aesthetically displeasing outdoor retail uses in other commercial and industrial zones. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Special Circumstances Waiver No. 2000-00006 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 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 6th of February, 2001. MAYOR~AHE ATTEST: C~Y CLE~ OF 'THE CITY OF ANAHEIM 39328.1 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-34 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of February, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kdng, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CI'I:Y CLERt~ OF THE CITY OF ANAHEIM (SEAL)