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RES-1989-342 RESOLUTION NO. 89R -342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3163. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ASSISTANCE LEAGUE OF ANAHEIM, P.O. BOX 4073, Anaheim, CA 92803, owner and C. J. (CAL) QUEYREL, ANACAL ENGINEERING CO., P.O. BOX 3668, Anaheim, CA 92803, agent to permit expansion of the parking lot for an existing private club and thrift shop 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: That portion of the SE1 /4 SW1 /4 of Section 4, Twp 4 South, Range 10 West, SBB F M as described in a deed to the Anaheim Union Water Company recorded March 11, 1925, in Book 572, Page 134 of Deeds, being a strip of land 16.50 feet wide, bounded Northwesterly by the Southwesterly prolongation of the Southeasterly line of Tract No. 2270; bounded on the West by the Southerly prolongation of the West line of Lot 40 of said Tract No. 2270; bounded Southeasterly by the Southwesterly prolongation of the Northwesterly line of Tract No. 1691 and bounded on the North by a line parallel to and 330.00 feet Northerly of the centerline of La Palma Avenue as shown on a map of said Tract No. 1691. and That portion of the Southeast quarter of the Southwest quarter of Section 4, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a map thereof recorded in Book 51, page 10, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point in the South line of said Section, distant thereon east 1320.00 feet of the Southwest corner thereof and running thence North 0 0 03'08" East, 270.22 feet to a point in the Southeasterly line of the right of way conveyed to Anaheim Union Water Co., a corporation, by deed recorded in Book 572, Page 134, of Deeds, records of said Orange County; thence North 66 °22'46" East along said southeasterly line, 149.33 feet to the Northwesterly corner of Tract No. 1691, as shown on a map thereof recorded in Book 52, pages 18 and 19, Miscellaneous Maps, records of said Orange County; thence South 0 °07'58" West along the CUP 3163 Westerly line of said Tract, 330.63 feet to a point in the South line of said Section; thence Westerly along said South line, 136.30 feet to the point of beginning; 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. PC89 -162 denying Conditional Use Permit No. 3163; 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 because it would create a commercial parking lot in the middle of a single family residential zone; 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 such parking lot would be contiguous to single - family homes; 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 because such use would disturb the peace and tranquility of a single - family residential neighborhood by permitting noise, fumes and other undesirable activities adjacent to single - family homes; and -2- CUP 3163 WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.26.063.010 - Minimum front yard setback. (25 feet required in the RS -7200 Zone; 10 feet proposed) SECTION 18.26.063.020 - Minimum side yard setback. (5 feet required in the RS -7200 Zone; none 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 said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of ASSISTANCE LEAGUE OF ANAHEIM, P.O. BOX 4073, Anaheim, CA 92803, owner and C. J. (CAL) QUEYREL, ANACAL ENGINEERING CO., P.O. BOX 3668, Anaheim, CA 92803, agent to permit expansion of the parking lot for an existing private club and thrift shop 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 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. -3- CUP 3163 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of August, 1989. A 4 I me 0 AHE ATTEST: AL relif.dimolh11111 11111. IT E' 0 TH IT' 0 A E M JLW :kh 3248L 080389 -4- CUP 3163 CLERK 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. 89R -342 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of August, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickier and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R -342 on the 8th day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of August, 1989. CITY CLERK OF THE CITY OF AN'•EIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R -342 duly passed and adopted by the Anaheim City Council on August 1, 1989. CITY CLERK OF THE CITY OF ANAHEIM