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1985-029RESOLUTION NO. 85R-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2624. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ANAHEIM HILLS DEVELOPMENT CORPORATION, owner, and PACIFIC BELL, agent, to permit a remote telephone switching facility 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: PARCELS 2, AS SHOWN ON A MAP FILED IN BOOK 137, PAGES 15 AND 16 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 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 84-198 granting Conditional Use Permit No. 2624; 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 will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located due to the visual incompatability of the proposed use with the surrounding residential uses; 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 because the use cannot be developed without a variance from the hereinafter specified provision of the Anaheim Municipal Code; 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 due to the visual impact of the proposed use on the surrounding residential properties; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.21.063.010 - Minimum structural setback. 25 feet front setback required; 12 to 20 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: 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. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, reversed for the reasons hereinabove specified, and that the request of ANAHEIM HILLS DEVELOPMENT CORPORATION, owner, and PACIFIC BELL, agent, to permit a remote telephone switching facility 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. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of January, 1985. MAYOR OF THE CITY OF AHEIM ATTEST: CITY CLERK OF THE CITY OF AN 2350U 1/29/85 -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-29 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ~,,. the 15th day of January, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-29 on the 15th day of January, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of January, 1985. ~ //~~-~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOF~L, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-29 duly passed and adopted by the Anaheim City Council on January 15, 1984. ~~~~~ CITY LERK