RES-1989-446
RESOLUTION NO. 89R-446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3202.
WHEREAS, the City Planning Commission of the City of Anaheim
did receive an application for a conditional use permit from DAN
RATANIEE, 2960 W. Lincoln Avenue, Anaheim, CA 92801, owner and
LIN-BEACH PROPERTIES, 2960 W. Lincoln Avenue, Anaheim, CA 92801,
agent to permit the commercial use of a residential structure for
a print 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:
PARCEL 2 OF PARCEL MAP NO. 79-285 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 143 PAGE 31 OF PARCEL
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 89-236 granting
Conditional Use Permit No. 3202; 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:
DNYG CUP 83202
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; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.44.035.030
Permitted location of vehicle
parking.
all parking to be located to
rear of structure; 19 spaces
proposed in front of structure)
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; and
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; and
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 DAN RATANIEE, 2960 W. Lincoln Avenue, Anaheim,
CA 92801, owner and LIN-BEACH PROPERTIES, 2960 W. Lincoln Avenue,
Anaheim, CA 92801, agent, to permit the commercial use of a
residential structure for a print 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.
-2-
DNYG CUP 63202
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of November,
1989.
~'o~
ATTEST:
~~/{ S'~
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
3395L
120189
-3-
DNYG CUP 83202
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-446 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of November, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-446 on the 11th day of December, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of December, 1989.
~~
CITY CLERK OF THE CITY OF ANAHEIM
( 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-446 duly passed and
adopted by the Anaheim City Council on November 28, 1989.
~~~ 1r ~
CITY CLERK OF THE CITY OF ANAHEIM