RES-2007-252RESOLUTION NO. 2007 -252
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING CONDITIONAL USE
PERMIT NO. 2006 05175.
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 upon certain real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE
AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF
SURVEYOR' S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957;
THENCE SOUTH 0 °33' 45" EAST, ALONG SAID WESTERN AVENUE CENTER
LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0 °33' 45" WEST
ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE
CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114,
PAGE 32 ON OCTOBER 23, 1957;
THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY
ALONG A CURVE NON TANGENT, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00' 05" AN
ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT;
THENCE NORTH 67 °32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00
FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 9 °58' 50 AND RANCHO CUCAMONGA DISTANCE OF 313.55
FEET OT A LINE TANGENT;
THENCE NORTH 57°33' 20" EAST, 497.62 FEET TO A POINT IN THE CENTER
LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR' S OF SAID
COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON
NORTH 0 °26' 40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE
AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER
29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0 °26' 40" EAST,
1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN
SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957.
EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER
HYDROCARBONS BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF
SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD.
A PERPETUAL NON EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR
INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH
SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE
11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID
30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER SOUTH 89°36' 49" WEST 40.00 FEET TO THE WESTERLY LINE OF
SAID BEACH BOULEVARD AS NOW ESTABLISHED;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH
BOULEVARD SOUTH 0°10' 15" EAST 25.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET
SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY
LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36' 49" WEST 319.00 FEET;
THENCE SOUTH 51°18' 09" WEST 86.58 TO A LINE THAT IS PARALLEL TO
AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER;
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THENCE ALONG SAID PARALLEL LINE SOUTH 89°36' 49" WEST 436.00
FEET;
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
14 SOUTH 0°17' 30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS
15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE
SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH
89 °36' 03" EAST 130.00 FEET.
EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF
PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE
GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND
GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON
NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF
ORANGE COUNTY CALIFORNIA.
LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80,
PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT
WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET OR DRILL
FOR SAME.
WHEREAS, said application seeks approval of a conditional use permit to construct
one (1) single family home in the RS -2 (Single Family Residential) Zone and eight (8) single family
homes in the RS -4 (Single Family Residential) Zone, fronting on a private street, with a waiver of
the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.40.060.030
(b) SECTION NO. 18.04.040.010
Improvement of private street
(28' min width of street with 6' parkway and 4'
sidewalk adjacent to both sides of the street
required; 28' min width of street with only
sidewalk and /or parkway along said portions of
Lot A as indicated on Tentative Tract map 17139
proposed)
Minimum lot area
(7,200 square feet required; 6,436 square feet
proposed)
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 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. PC2007 -118 denying Conditional Use Permit No. 2006 05175,
including the waiver of code requirements requested by the applicant; and
WHEREAS, within the time prescribed by law, the applicant did appeal said Planning
Commission decision to the Anaheim City Council, asking the City Council to reconsider said
conditional use permit, including the waiver of code requirements requested by applicant; and
WHEREAS, thereafter, the City Council did set said application for such project for a
de novo hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council does find, after careful consideration of all evidence
and reports submitted to the City Planning Commission and the action taken by said 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 the Anaheim Municipal Code are not present for the following
reasons:
1. That the residential subdivision as proposed by the applicant will have an adverse affect
on the adjoining land uses, or the growth and development of the area in which it is proposed to be
located.
2. That the size and shape of the site proposed for the use is not adequate to allow the full
development of the site in a manner that is not detrimental to either the particular area or health and
safety.
3. That the new homes are not compatible with the scale, mass, bulk, and orientation of
existing buildings in the surrounding area.
4. That the granting of the conditional use permit under the conditions imposed, if any, will
be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the City Council does further find that the request for the above
specified waivers from the applicable provisions of the Anaheim Municipal Code should be denied
for the following reasons:
1. That waiver (a) above specified, regarding the improvement of the private street, should
be denied because there has been no adequate showing by the applicant that such a waiver is
necessary to avoid denial of a privilege enjoyed by other properties in the same vicinity and zone.
2. That waiver (b) above specified, regarding the minimum lot size, should be denied
because there has been no adequate showing by the applicant that such a waiver is necessary to avoid
denial of a privilege enjoyed by other properties in the same vicinity and zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the action of the City Planning Commission in denying said conditional use permit be,
and the same is hereby, affirmed for the reasons hereinabove specified, and that the request to permit
the construction of one (1) single family home in the RS -2 (Single Family Residential) Zone and
eight (8) single family homes in the RS -4 (Single Family Residential) Zone, fronting on a private
street, 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 rehearings 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 18th day of December, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring
NOES:
ABSENT: NONE
ABSTAIN: NONE
ATTEST
67507.v1/MGordon
Council Member Sidhu
CIT CLERK OF THE 'OF AHEIM
CITY OF EIM
By:
MAY R OF THE CITY O' EIM
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