1985-016RESOLUTION NO. 85R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2639.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from Brookhurst Street Associates, owner, and CY Conforti, agent
to permit an automotive service center 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:
THE NORTH 100 FEET OF THAT PORTION OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SECTION
19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, SAID POINT BEING
SOUTH 0° 27' WEST 600.00 FEET FROM THE NORTHEAST
CORNER OF SAID SECTION 19, RUNNING THENCE FROM
SAID POINT OF BEGINNING SOUTH 89° 54' 40" WEST
PARALLEL TO THE NORTH LINE OF SAID SECTION 19,
175.00 FEET TO A POINT; THENCE SOUTH 0° 27' WEST,
PARALLEL TO THE EAST LINE OF SAID SECTION 19,
265.91 FEET TO A POINT IN THE NORTHERLY LINE OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED
RECORDED JULY 28, 1897 IN BOOK 31, PAGE 62 OF
DEEDS; THENCE NORTH 58° 38' 20" EAST ALONG SAID
NORTHERLY LINE 205.93 FEET TO A POINT IN THE EAST
LINE OF SAID SECTION 19; THENCE NORTH 0° 27' EAST
ALONG SAID EAST LINE, 159.00 FEET TO THE POINT OF
BEGINNING; 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. PC 84-251, denying
Conditional Use Permit No. 2639; 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 properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code; 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 of the noise of
operation and vehicle pollution which would be generated by such
use; 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 development
proposes a 16 1/2 foot high building to be located 10 feet from
the west property line and adjacent to single-family residential
zoned property; and
4. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area because the proposed use
would add to the heavily congested vehicle traffic on Brookhurst
Street; 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 of the increased
noise, air pollution and traffic congestion to the area which the
use would generate.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.44.062.011 - Maximum structural height
adjacent to single-family zoning
(5 feet permitted at 10 foot
setback from property line;
16-1/2 feet proposed)
-2-
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:
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 proposed site
does not differ from properties in the same vicinity and zone.
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 such other
properties must comply with such code requirements.
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 permit an automotive service center 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 the time within which a
rehearing 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).
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of January, 1985.
i~r ~` '
MAYOR OF THE CITY O ANAHE
ATTEST:
Vim`
CITY CLERK OF THE CITY OF ANAHEIM
-~-- 2 2 6 7U
1/18/85
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-16 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~'"°
the 8th day of January, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-16 on the 8th day of January, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of January, 1985.
S
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. 85R-16 duly passed and adopted
by the A~iaheim City Council on January 8, 1985.
CITY CLE
'"