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83R-191 --- RESOLUTION NO. 83R-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2423. ,~~ WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ADOLFO AND MARIA SERRATO, owners, to convert an existing garage and construct an addition thereto for a second-family dwelling unit with waiver of the minimum number and type of offstreet parking spaces on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 29 OF TRACT NO. 2005 AS PER MAP RECORDED IN BOOK 56, PAGES 43 & 44 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY 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 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. PC83-59, denying Conditional Use Permit No. 2423; 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 will adversely affect the adjoin- ing 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 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, 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 waivers, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver should be denied, for the following reasons: 1. That the variance will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoin- ing land uses; and 2. That the granting of the variance 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 the action of the City Planning Commission denying said request be, and the same is hereby, af- firmed for the reasons hereinabove specified, and that the request of said applicant to permit conversion of an existing garage and construction of an addition thereto for a second- family unit with a waiver of minimum number and type of parking spaces on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the aforesaid decision must be sought is governed by the provi- sions 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 lOth day of May, 1983. ATTEST: €i?f~~ TY CLERK OF THE TY OF ANAHEIM JLW: fm 1187M 6-10-83 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-19l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of May, 1983, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-19l on the 10th day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this lath day of May, 1983. ~ ~~)~ CI CL~ OF THE CITY 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-19l duly passed and adopted by the Anaheim City Council on May la, 1983. ~ .J..~~~ \" CITY CLERK -----....