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88-372RESOLUTION NO. 88R-372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3047. 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 MARC V. BAHNER AND CANDICE JANE BAHNER, 21165 Via Ausa, Yorba Linda, California 92686, owners, and RHR ASSOCIATES, 17321 Coventry Lane, Yorba Linda, California 92686, agent, on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE LANDS ALLOTTED TO M. YORBA ACCORDING TO A MAP ATTACHED TO AND MADE A PART OF THE DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING IN THE CENTER LINE OF THE ANAHEIM DITCH 346.40 FEET SOUTH 81 DEGREES 15'20" WEST FROM THE NORTHEAST CORNER OF LAND CONVEYED TO MARCOS YORBA TO ANGEL NABARRO, BY DEED RECORDED IN BOOK 55, PAGE 10, DEEDS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; AND RUNNING THENCE NORTH 81 DEGREES 15'20" WEST ALONG SAID CENTER LINE 70-1/2 FEET; THENCE NORTH 9 DEGREES 33'50" WEST 210 FEET TO THE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hail 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. PC88-222 granting Conditional Use Permit No. 3047; 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 said use will not directly serve the industrial community, but is designed to serve and cater to the general public; 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 generation of vehicular traffic for such use by the general public which would be incompatible with industrial traffic; 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 a waiver of the following provision(s) of the Anaheim Municipal Code: SECTION 18.06.050.0222 18.06.050.031 AND 18.61.066.050 Minimum Number of Parking Spaces. (20 required; 11 provided) 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. 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 automotive repair facility with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, denied. -2- 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 City Council of 1988. FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 27th day of September, MAYOR OF TCIT~Y OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: fn 2762L -3- CLEILK STATE OF CALiFOKN±A ) COUNTY OF ORal, GE ) ss. CiTY OF ANAHEIM ) £, LEONORA N. SOHn, City Clerk of the City of Anaheim, do hereby certify that tue foregoing Resolution No. 5~R-372 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of September, 1988, by the following vote of the members thereof: AYES: COUNCIL M~4BERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ,kBSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-372 on t~e 30th day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim t~is 30th day of September, 1988. CITY CLERK OF THE CITY EIM (SEAL) i, LEONOKA N. SOHL~ City Clerk of the City of Anaheim, do hereby certify tt~t the ioregoing is the original of Resolution No. 88R-372 duly passed and adopted by the Anaheim City Council on September 27, 1988. CITY CLERK OF THE CITY OF ~NAH~IM