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1981-592RESOLUTION NO. 81R -5:_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2278. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from SHIOW -ING LIN and FANG -LING LIAO, owners, to permit a commercial use of a residential structure with a waiver of the minimum number of required parking spaces on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 2 OF TRACT NO. 2839, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGES 9 TO 15 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, invest- igation 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. PC81 -244, granting Conditional Use Permit No. 2278; 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 opportun- ity 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 Planning Commission and all evidence and testimony received 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; 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; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting Conditional Use Permit No. 2278 be, and the same is hereby, reversed for the reasons hereinabove specified, and that the re- quest of SHIOW -ING LIN and FANG -LING LIAO, to permit commercial use of a residential structure with a waiver of minimum number of re- quired off- street parking spaces be, and the same is hereby, denied. BE IT FURTHER RESOLVED that notice is hereby given to the applicant that the time within which judicial review of the afore- said decision 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 29th d. -f December, 1981. l' Y OF AN EIM ATTEST: CI Y LERK OF T Y OF ANAHEIM JLW dh /fm 4•YsR OF TH STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SEAL) SS. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R -592 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of December, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R -592 on the 29th day of December, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of December, 1981. 61 4- 9%ietr 2 eNi l Oit4R I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -592 duly passed and adopted by the Anaheim City Council on December 29, 1981. CITY CLERK