83R-329
RESOLUTION NO. 83R-329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2464.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from JOE LEMONS and CATHERINE LEMONS, owners, and WALLACE W.
WARREN, AGENT to permit an outdoor storage yard and a used car
sales lot 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:
That portion of the southeast quarter of the northeast
quarter of Section 17, township 4 south, range 10 west,
partly in the Rancho San Juan Cajon de Santa Ana and
partly in the Rancho Los Coyotes, as shown on a map
recorded in book 51, page 10 of miscellaneous maps,
records of Orange County, California, described as
follows:
Parcel 3, as shown on a map filed in book 39, page 39
of parcel maps, in the office of the County Recorder of
Orange County, California; 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 re-
quired 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. PC82-123, denying
Conditional Use Permit No. 2464; 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 hear-
ing 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 is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code, or is not listed thereon as a permitted use; 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 the multiple uses of
the property and their appearance would not be compatible with
surrounding land uses; and
3. 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 because the proposed
use would be located in close proximity to residential uses and
cause both visual and noise intrusion upon surrounding properties;
and
4. That the traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area; 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 because it would cause
increased noise and nighttime disturbances to the adjacent
residences; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Sections 18.04.043.101 - Maximum fence height
AND 18.21.064 (3 feet permitted in front
setback; 6 feet proposed).
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:
-2-
_'i"~._""...., ,,,,,,,,,_,,_,-,,,-,,--ov
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 because the property is
substantially rectangular in shape and is of a size, topography
and location similar to other property in the vicinity.
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 because other
properties in the vicinity are not permitted to maintain six-foot
high fences in required front yard setbacks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission denying said conditional use permit be, and the same is
hereby, affirmed for the reasons hereinabove specified, and that
the request of the applicant to permit an outdoor storage yard and
a used car sales lot on the hereinabove described real property
with waivers of the aforesaid provisions of the Anaheim Municipal
Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that, pursuant to City Council
Resolution No. 79R-524, the time within which juoicial review of
the aforesaid decision must be sought is governed by the
provisions of Section 1094.6 of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 16th day of August, 1983.
b__~ ,
MAYOR OF THE CITY OF ANAHEIM
PRO TEM
ATTEST:
~:lL-l~~
CIT CLERK OF TH CITY OF ANAHEIM
JLW/kh
0161U
9/1/83
~
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-329 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of August, 1983, by the following vote of the members thereof:
.-.
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that tie Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 83R-329 on the 16th day of August, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of August, 1983.
~.~~
CITY C E~ OF TH CI OF ANAHEIM
(SEAL)
I) LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-329 duly passed and
adopted by the Anaheim City tounci1 on August 16, 1983.
~ ~~tz-,
CITY CLERK
/~.,