92-154 RESOLUTION NO. 92R-154
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3451.
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 an auto repair, towing and dismantling facility
(including the storage and retail sale of used auto parts) and a
temporary office trailer on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
as:
A PORTION OF LOT THIRTY-TWO (32) OF ANAHEIM
EXTENSION, AS SHOWN ON A MAP OF SURVEY MADE BY
WILLIAM HAMEL AND FILED FOR RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE
OF WALNUT STREET WITH THE SOUTHERLY LINE OF
SANTA ANA STREET AS SAID STREETS ARE SHOWN ON
SAID MAP; THENCE NORTHEASTERLY 83.01 FEET ALONG
THE NORTHERLY LINE OF SAID LOT 32 TO THE
INTERSECTION WITH THE SOUTHWESTERLY LINE OF
MANCHESTER BOULEVARD FORMERLY THE 100-FOOT
RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILWAY;
THENCE SOUTHEASTERLY ALONG SAID BOULEVARD
432.44 FEET TO A POINT; THENCE SOUTHWESTERLY
376.16 FEET ON A LINE PARALLEL WITH THE
NORTHERLY LINE OF LOT 32 TO A POINT IN THE WEST
LINE OF SAID LOT WHICH IS 404.99 FEET SOUTH OF
THE POINT OF BEGINNING; THENCE NORTH ALONG THE
WEST LINE OF SAID LOT 32 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE WEST 6.26 FEET AS
CONVEYED TO THE CITY OF ANAHEIM FOR THE PURPOSE
OF WIDENING THE EAST ONE-HALF (1/2) OF WALNUT
STREET BY DEED RECORDED FEBRUARY 1ST, 1910 IN
BOOK 177, PAGE 35 OF DEEDS.
ALSO EXCEPT THAT PORTION THEREOF LYING
NORTHERLY OF A LINE PARALLEL WITH AND DISTANT
34.75 FEET SOUTHERLY FROM THE MONUMENTED CENTER
LINE OF WEST SANTA ANA STREET CONVEYED TO THE
CITY OF ANAHEIM, A MUNICIPAL CORPORATION, FOR
THE WIDENING OF WEST SANTA ANA STREET, BY DEED
RECORDED APRIL 14, 1939, BOOK 988, PAGE 483 OF
OFFICIAL RECORDS; and
CUP #3451
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. PC92-18 denying Conditional
Use Permit No. 3451; 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, following said public hearing and pursuant to
the provisions of the California Environmental Quality Act
("CEQA"), the City Council denied approval of the Mitigated
Negative Declaration for said project on the grounds that the
applicant had failed to submit, in a timely manner prior to said
hearing, sufficient information concerning the soils condition of
the site and an assessment of the effects of vehicle storage on the
site upon the condition of the soil and possible soils
contamination and toxic conditions resulting therefrom; and
WHEREAS, due to the failure to receive said report in
sufficient time to allow the City to properly consider same and
make the environmental assessment of the project as required by
CEQA prior to the hearing and give notice of same in the manner
required by law; and
WHEREAS, the City Council hereby finds and determines
that the City Council cannot lawfully approve the project until
such time as the environmental assessment has been completed and an
Environmental Impact Report for the project has been certified, or
a Negative Declaration has been approved, in accordance with the
requirements of CEQA; 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
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cuP #3451
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
1. That no evidence was presented by the applicant to
establish that the proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located; and
2. That no evidence was presented by the applicant to
establish that the granting of the conditional use permit would not
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 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 no evidence was presented by the applicant to
establish that the granting of the variance will not 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 that
Conditional Use Permit No. 3451 to permit an auto repair, towing
and dismantling facility (including the storage and retail sale of
used auto parts) and a temporary office trailer be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
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CUP #3451
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
AnahDim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 14th day of July, 1992.
PRO TE~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34D3451.12
072292
4
CUP #345]
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. 92R-154
was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th
day of July, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim signed said Resolution No. 92R-154 on
the 15th day of July, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th
day of July, 1992.
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 A
Resolution No. 92R-154 duly passed and adopted by the City Council of the City of Anaheim on July 14, 1992.
CITY CLERK OF THE CITY OF ANAHEIM