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97-229RESOLUTION NO. 97R-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3948. 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 conversion of an existing 8,684 sq. ft. commercial center to a mortuary on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 17, 18 AND 19 OF TRACT NO. 1820 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 31 AND 32 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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 -97 -138, granting, in part, Conditional Use Permit No. 3948; 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 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 lack of the minimum number of off street parking spaces required by the Anaheim Municipal Code; and 2. 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 lack of the minimum number of off street parking spaces required by the Anaheim Municipal Code; 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 because no provision has been made by the applicant for overflow parking for vehicles which cannot be accommodated in the existing parking lot; 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 because no provision has been made by the applicant for overflow parking for vehicles which cannot be accommodated in the existing parking lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting, in part, said conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, reversed for the reasons hereinabove specified, and that the request to permit conversion of an existing 8,684 sq. ft. commercial center to a mortuary with the following waivers 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of December, 1997. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY OF I• AHEIM 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. 97R -229 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of December, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -229 on the 2nd day of December, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of December, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -229 was duly passed and adopted by the City Council of the City of Anaheim on December 2nd, 1997. 7/t .,,ie_t____ CITY CLERK OF THE CITY OF ANAHEIM