RES-1989-342 RESOLUTION NO. 89R -342
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3163.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ASSISTANCE LEAGUE OF ANAHEIM, P.O. BOX 4073, Anaheim, CA
92803, owner and C. J. (CAL) QUEYREL, ANACAL ENGINEERING CO., P.O.
BOX 3668, Anaheim, CA 92803, agent to permit expansion of the
parking lot for an existing private club and thrift shop 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:
That portion of the SE1 /4 SW1 /4 of Section 4, Twp 4
South, Range 10 West, SBB F M as described in a deed to
the Anaheim Union Water Company recorded March 11,
1925, in Book 572, Page 134 of Deeds, being a strip of
land 16.50 feet wide, bounded Northwesterly by the
Southwesterly prolongation of the Southeasterly line of
Tract No. 2270; bounded on the West by the Southerly
prolongation of the West line of Lot 40 of said Tract
No. 2270; bounded Southeasterly by the Southwesterly
prolongation of the Northwesterly line of Tract No.
1691 and bounded on the North by a line parallel to and
330.00 feet Northerly of the centerline of La Palma
Avenue as shown on a map of said Tract No. 1691.
and
That portion of the Southeast quarter of the Southwest
quarter of Section 4, in Township 4 South, Range 10
West, in the Rancho San Juan Cajon de Santa Ana, as
shown on a map thereof recorded in Book 51, page 10,
Miscellaneous Maps, records of said Orange County,
described as follows:
Beginning at a point in the South line of said Section,
distant thereon east 1320.00 feet of the Southwest
corner thereof and running thence North 0 0 03'08"
East, 270.22 feet to a point in the Southeasterly line
of the right of way conveyed to Anaheim Union Water
Co., a corporation, by deed recorded in Book 572, Page
134, of Deeds, records of said Orange County; thence
North 66 °22'46" East along said southeasterly line,
149.33 feet to the Northwesterly corner of Tract No.
1691, as shown on a map thereof recorded in Book 52,
pages 18 and 19, Miscellaneous Maps, records of said
Orange County; thence South 0 °07'58" West along the
CUP 3163
Westerly line of said Tract, 330.63 feet to a point in
the South line of said Section; thence Westerly along
said South line, 136.30 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. PC89 -162 denying
Conditional Use Permit No. 3163; 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 because it would create a
commercial parking lot in the middle of a single family
residential zone; 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 such parking
lot would be contiguous to single - family homes; 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 because such use would disturb
the peace and tranquility of a single - family residential
neighborhood by permitting noise, fumes and other undesirable
activities adjacent to single - family homes; and
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WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.26.063.010 - Minimum front yard setback.
(25 feet required in the RS -7200 Zone;
10 feet proposed)
SECTION 18.26.063.020 - Minimum side yard setback.
(5 feet required in the RS -7200 Zone;
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 said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request of ASSISTANCE LEAGUE OF ANAHEIM, P.O. BOX 4073,
Anaheim, CA 92803, owner and C. J. (CAL) QUEYREL, ANACAL
ENGINEERING CO., P.O. BOX 3668, Anaheim, CA 92803, agent to
permit expansion of the parking lot for an existing private club
and thrift shop 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 1st day of August, 1989.
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CLERK
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. 89R -342 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 1st day of August, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickier and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R -342 on the 8th day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of August, 1989.
CITY CLERK OF THE CITY OF AN'•EIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R -342 duly passed and
adopted by the Anaheim City Council on August 1, 1989.
CITY CLERK OF THE CITY OF ANAHEIM