97-223RESOLUTION NO. 97R -223
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3960.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to construct an 85,000 sq. ft., 2 -story self- storage facility
including one caretaker's unit, 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 SOUTH 5 ACRES OF THE WEST 10 ACRES OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE(S) 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTH 5
ACRES; THENCE NORTH 334.76 FEET ALONG THE EAST
LINE THEREOF; THENCE WEST 325.24 FEET TO THE WEST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13;
THENCE SOUTH 334.85 FEET ALONG SAID WEST LINE TO
THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES; THENCE
EAST 325.24 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. PC97 -139 granting, in
part, Conditional Use Permit No. 3960; 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.
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.
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 because it is not compatible
with uses of surrounding properties in the vicinity.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Section 18.44.63.010 Minimum landscaped setback adjacent
to an arterial highway.
Section 18.44.063.040 Minimum landscaped setback adjacent
to a residential zone boundary.
Section 18.44.068
Required site screening. (6 foot
high block wall required; none
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
said conditional use permit be, and the same is hereby, for the
reasons hereinabove specified, and that the request to construct
an 85,000 sq. ft., 2 -story self- storage facility including one
caretaker's unit 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
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 November,
1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0025093.01
MAYO OF THE CITY OF 'f AHEIM
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. 97R -223 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of November, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -223 on the 18th day of November, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 18th day of November, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -223 was duly passed and adopted by the City Council of
the City of Anaheim on November 18th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM