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RES-1989-109 RESOLUTION NO. 89R-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3116. 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 from JAFAR JAHANPANAH AND HOUSSIEN TAVAKOLI, 520 N. Rexford Drive, Beverly Hills, CA 90210, owners and RONALD J. CROWLEY, 1700 Raintree Road, Fullerton, CA 92635, agent, to permit a 47-room motel with waivers of certain provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: A PORTION OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 0 DEG. 40' 20" EAST 669.60 FEET ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEG. 43' 50" EAST 339.00 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTH 0 DEG. 33' 10" WEST 668.87 FEET TO THE SOUTH LINE OF SAID LOT 7; THENCE NORTH 89 DEG. 51' 10" WEST 340.40 FEET ALONG SAID SOUTH LINE 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. PC89-38 denying Conditional Use Permit No. 3116; 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 18.05.030.030 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 5. 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 a waiver of the following provision of the Anaheim Municipal Code: SECTION 18.06.050.0241 and 18.41.066.050 Minimum number of parking space. (101 required; 75 pro- posed) " AND 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 waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that the aforesaid waiver(s) should be denied, for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, £or the reasons hereinabove stated, the request of the applicant to permit a 47-room motel on the hereinabove described property with a waiver of certain 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. THE FORE6OING RESOLUTION is approved and adopted by the City Council of the City o£ Anaheim this 4th day of April, 1989. ~A~OR OF ~CITY~_~AHEIM' ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3000L 040689 -3- 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-109 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of April, 1989, by the following vote of the members thereof: AYES- COUNCIL MEMBERS' Daly, Kaywood and Hunter NOES- COUNCIL MEMBERS' Pickler TEMPORARILY ABSENT' COUNCIL MEMBERS' Ehrle AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said R~solution No. 89R-109 on the 13th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of April, 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-109 duly passed and adopted by the Anaheim City Council on April 4, 1989. CITY CLERK OF THE CITY OF ANAHEIM