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84R-250 ,"""" .-, . RESOLUTION NO. 84R-250 j A RESOLUTIt'N OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2564. 1 j i WHEREAS, t e City Planning Commission of the City of Anaheim did receive n application for a conditional use permit with a waiver of cer ain provisions of the Anaheim Municipal Code from STEVEN D. HEINR CH and LEA ANNE HEINRICH, owners, to permit a child day care cen er fdor a maximum of twelve (12) children on certain real propert situated in the City of Anaheim, County of Orange, State of Cal fornia, described as: PARCEL 5, AS *H ON A PARCEL MAP FILED IN BOOK 24, PAGE 19 OF PARC L MAPS IN THE OFICE OF THE COUNTY RECORDER OF 0 GE COUNTY; and ,~ WHEREAS, t hearing upon said ap Anaheim, notices of required by law and the Anaheim Municipa WHEREAS, s investigation and st after due considerat said hearing, did ad Conditional Use Perm WHEREAS, t an interested party caused the review of noticed public heari WHEREAS, a hearing, the City Co hearing and did give opportunity to be he did consider the sa ~- WHEREAS, t consideration of the all evidence and re the City Council, th forth in Section 18. not present for the e City Planning Commission did hold a public lication at the City Hall in the City of ich public hearing were duly given as he provisions of Title 18, Chapter 18.03 of Code; and id Commission, after due inspection, dies made by itself and in its behalf and on of all evidence and reports offered at t its Resolution No. PC84-87 granting t No. 2564; and ereafter, within the time prescribed by law, r the City Council, on its own motion, said Planning Commission action at a duly 9; and the time and place fixed for said public cil did hold and conduct such public all persons interested therein an rd and did receive evidence and reports, and and Council does find, after careful action of the City Planning Commission and rts offered at said public hearing before t all of the conditions and criteria set 3.030.030 of the Anaheim Municipal Code are ollowing reasons: I""" .- 1. That the P~oposed use will adversely affect the adjoining land uses nd the growth and development of the which it is proposedl to be located; and area in ,,~,. 2. That the s use is not adequate use in a manner not peace, health, safet ze and shape of the site proposed for the o allow the full development of the proposed etrimental to the particular area nor to the , and general welfare; and 3. That anting of the conditional use permit would be detrimental to th peace, health, safety, and general welfare of the citizens of t e City of Anaheim; and WHEREAS, s~id application requests a waiver of the following provision(~) of the Anaheim Municipal Code: SECTION l8.06.0~O.0268 Required loading and AND l8.26.0~6.0l0 unloading area for . children. (on-site vehi- cle loading and unloading area required; off-site proposed) AND WHEREA careful consideratio and all evidence and before the City Coun all of the condition Anaheim Municipal Co waiver(s) should be , the City Council does further find, after of the action of the Planning Commission reports offered at said public hearing il regarding said requested waiver(s), that set forth in Section 18.06.080 of the e are not present, and that the aforesaid enied, for the following reasons: , 1. That the v~riance(s) will cause an increase in traffic congestion in the imrediate vicinity and adversely affect adjoining land uses;land j 2. That the g~anting of the variance(s) will be detrimental to the p ace, health, safety or general welfare of the citizens of the ity of Anaheim. NOW, THERE RE, BE IT RESOLVED by the City Council of the City of Anaheim hat, for the reasons hereinabove stated, the action of the City Panning Commission granting said conditional use permit be, and t e same is hereby, reversed and that the request of the appli ant to permit a child day care center for a maximum of twelve (1 ) children with a waiver of certain provisions of the An heim Municipal Code be, and the same is ..""",....., hereby, denied. i BE IT FURTf. R RESOLVED that, pursuant to City Council Resolution No. 79R-5 4, the time within which judicial review of the aforesaid decisi n must be sought is governed by the provisions of Sectio 1094.6 of the Code of Civil Procedure. -2- I"'" ,4.---\ THE FOREGO~NG RESOLUTION is approved and adopted by the Council of the ~ity of Anaheim this 26th day of June, ]..984. ~~~ MAYOR OF 'HE CITY OF' . City ~ ATTEST: ~. -3- 'J r r.. --" STATE OF CALIFORNIA ) COUlTY OF ORANGE' ) SSe CITY OJ' ANAHEIM ) I~ ;LKOIIORA N. SOifL, Ci~y Clelk of the City of Anaheim~ do hereby certify that the foietoing ResoluUOft No. 'S4R-250 was introduced and adopted at a regular meetina provided by law, of .he City Council of the City of Anaheim held on the 26th day of June, 1984~y the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay~ Overholt~ Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that t~e Mayor of the City of Anaheim signed said Resolution No. 84R-250 on the 26th day of June, 1984. IN WITNESS WHEREOF~ I have htreunto set my hand and affixed the seal of the City of Anaheim this 26th dat of JuAe~ 1984. ~~~t~~. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEO.ORA N. SOUL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the originai of Resolution No. 84R-250 duly passed and adopted by the Anaheim City touncil on June 26, 1984. ~*- 'it ~ . CITY CLERK " 1