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90-106 RESOLUTION NO. 90R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3222. 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 to permit auto dismantling, storage and retail sales (Pick-Your-Part) on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 1 TO 17 OF TRACT NO. 11830, AS SHOWN ON A MAP RECORDED IN BOOK 540, PAGES 14, 15, 16 AND 17 OF MISCELLANEOUS MAPS, RECORDS 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 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. PC90-16 denying Conditional Use Permit No. 3222: 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 is not properly one for which a conditional use permit is authorized by the zoning Code since automobile dismantling, storage and retail sales are not permitted or conditionally permitted in the RM-1000 (Residential Multiple-Family) Zone and the subject property is located in such zone; and CUP 3222 2. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which ft is proposed to be located: 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 due to the adverse environmental impact (i.e., noise, traffic, dust and visual blight) the proposed use would have on the residential dwellings located to the east, north and west of the subject property: and 4. That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare due to the adverse environmental impact (i.e., noise, traffic, dust and visual blight) the proposed use would have on the residential dwellings located to the east, north and west of the subject propertyof the citizens of the City of Anaheim; and WHEREAS, the City Council does further find and determine with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than the requested waiver of off-street parking requirements, as follows: 1. That there are no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone; and 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. 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 off-street parking requirement waiver, 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 adjoining 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 conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, affirmed for the reasons hereinabove specified, and --2-- that the request to permit auto dismantling, storage and retail sales (Pick-Your-Part) On the hereinabove described property be, and the same is hereby, denied. BE IT FURTHER RESOL~D that the time within which reheatings 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 FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of April, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3611L 040590 -3- CLE~ STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of t~ City of An~eim, do hereby certify bat the foregoing Resolution No. 90R-106 was introduced and adopted at a regular meeting provided by law, of the City Council of be City of Anaheim held on be 3rd day of ~ril, 1990, by the following vote of the members thereof: AYES: COUNCIL M~BERS: Daly, ~rle, Ka~ood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I ~RTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-106 on the 6b day of ~ril, 1990. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim his 6th day of ~ril, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-106, duly passed and adopted by the Anaheim City Council on April 3, 1990. CITY CLERK OF THE CITY OF ANAHEIM