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88-006RESOLUTION NO. 88R-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2907. 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 JERAL D. STANLEY AND DORTHEAL E. STANLEY, 236 South Ash Street, Anaheim, CA 92805, owner, to permit office use of a residential structure with a waiver of certain hereinafter described provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 86 OF TRACT NO. 1565 AS PER MAP SHOWN IN BOOK 49, PAGES 20 TO 24 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE 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. PC87-135 denying Conditional Use Permit No. 2907: 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 did adopt its Resolution No. 87R-379 denying Conditional Use Permit No. 2907 and making certain findings relating thereto: and WHEREAS. within the time and manner prescribed by law, a request for rehearing was filed with the City Clerk which request for rehearing was subsequently granted by the City Council; and CUP 2907 WHEREAS, at the time and place fixed for said rehearing, the City Council did hold and conduct a public hearing and did allow 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 is not properly one for which a conditional use permit is authorized by the Anaheim Municipal Code because said property is located in the RS-7200 Zone of the City and said permits are not authorized in such zone; and 2. 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 constitute a commercial use in a residential area; 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 it would constitute a commercial use in a residential area: and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTIONS 18.06.050.0212 AND 18.41.066.050 - Minimum number of parking spaces (1--3 required; ~ non-tandem and ~ tandem spaces 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 due to commercial traffic in a residential area and the lack of sufficient off-street parking spaces to accommodate such potential traffic: 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 commercial traffic in a residential area and the lack of sufficient off-street parking spaces to accommodate such potential traffic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission, and the previous action of the City Council, denying said conditional use permit be, and the same is hereby, affirmed and that the request of the applicant to permit office use of a residential structure 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 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 5th day of January, 1988. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM /kb 2199L 'T CLERK S'£ATE OF CALiFORNiA ) COUN'f¥ OF ORANGE ) ss. CITY OF ~NAHEIM ) £, LEONOP~A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-~ was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5tl~ day of January, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL ~MBERS: COUNCIL MEMBERS: COUNCIL ~MBERS: Hunter, Kaywood and Bay Ehrle and Pickler None ~4D i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-0 on the 5th day of January, 1988. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Az=aheim this 5th day of January, 1988. CITY CLERK OF THE CITY OF ANAHEIM i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that tL~e foregoing is the original of Resolution No. 88R-6 duly passed and adopted by the Anaheim City Council on January 5, 1988.