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RES-1989-119RESOLUTION NO. 89R-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3103. 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 GALEXY, A GENERAL PARTNERSHIP, BRUCE L. BORCHARDT ET AL, 4321 E. La Palma Avenue, Anaheim, CA 92807, owner and BENJAMIN J. HALE, 4315 E. La Palma Avenue, Anaheim, CA 92807, agent, to permit an auto repair shop with towing service on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 398.35 FEET OF LOT 13 IN BLOCK 36 OF THE "YORBA LINDA TRACT," IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK S, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (SAID 398.35 FEET BEING MEASURED FROM THE CENTERLINE OF THE UNNAMED 60.00 FOOT STREET, SHOWN ON SAID MAP AS ADJOINING AND SOUTHERLY OF SAID LOT.); 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. PC89-42 denying Conditional Use Permit No. 3103; 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 due to the lack of sufficient off-street parking for the proposed uses of the property; 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 due to the lack of sufficient off-street parking for the proposed uses of the property; 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 due to the lack of sufficient off-street parking for the proposed uses of the property; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTIONS 18.04.080.020 and' 1'8.6i'.i'0'0 Required improvement of .public rig.hr-of-way. (Sidewalk installation required; none proposed) SECTIONS 18.06.050.0222 - and 18.61.066.050 Minimum number of .p.arking spaces. [106 requi'r'ed; 67 existing) 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 parking waiver 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 due to the lack of sufficient off-street parking for the proposed uses of the property; 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 due to the lack of sufficient off-street parking for the proposed uses of the property. AND WHEREAS, the City Council does further find after careful consideration of all evidence and reports offered at said public hearing before the City Council that all of the conditions set forth in Section 18.04.080.080 of the Anaheim Municipal Code are not present, and that the aforesaid sidewalk improvement waiver should be denied, for the following reasons: -2- 1. The applicant has failed to demonstrate that there is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which said requirements are imposed; and 2. The applicant has failed to demonstrate that the cost of the required improvements unreasonably exceeds the burden or impact created by the development project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, said conditional use permit and the request of the applicant to permit an auto repair shop with towing service, 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 FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this llth day of April, 1989. ATTEST: ~.ClTY CLERK OF T E C ANAHEIM JLW: db 3026L 041289 -5- 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-119 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of April, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-119 on the 18th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 1989. ~CI~ CLERK OF THE (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-119 duly passed and adopted by the Anaheim City Council on April 11, 1989. ~~.CITY CLERK OF THE CITY OF ANAHEIM