88-363RESOLUTION NO. 88R-363
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3037.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from LEO FREEDMAN, 468 S. Roxbury Drive, Penthouse, Beverly
Hills, California 90212, owner, and GROUND SYSTEMS INC./PINETREE,
201 E. Broadway, Suite 35, California 92805, agent, to permit a
transportation terminal on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
PARCEL 1: BEGINNING AT A POINT ON THE EASTERLY LINE
OF HARBOR BOULEVARD 120.00 FEET WIDE AND 60.00 FEET
SOUTH OF THE NORTHERLY LINE OF THE FOLLOWING DESCRIBED
PARCEL:
BEGINNING AT A POINT ON THE EAST LINE OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, DESIGNATED BY A STAKE MARKED "A", 675 FEET
NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 645 FEET ALONG THE EAST LINE OF SAID
SECTION 22, TO A POINT DESIGNATED BY A STAKE MARKED
"B" AT THE JUNCTION OF THE EAST LINE OF SAID SECTION
22, WITH THE SOUTH LINE OF LAND FORMERLY OWNED BY H.D.
POLHEMUS; THENCE WEST 2640 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 22, AND AT A UNIFORM
DISTANCE THEREFROM OF 1320 FEET TO A POINT DESIGNATED
BY A STAKE MARKED "C"; THENCE SOUTH 645 FEET PARALLEL
WITH THE EAST LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 2640 FEET TO A POINT DESIGNATED
BY A STAKE MARKED "D", 675 FEET DISTANT FROM THE NORTH
OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 22; THENCE EAST 2640 FEET PARALLEL WITH
THE SOUTH LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 675 FEET TO THE POINT OF
BEGINNING.
CONTINUING SAID DESCRIPTION SOUTH 0 DEGREES 13' 22"
EAST 15.03 FEET ALONG THE EASTERLY LINE OF HARBOR
BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
0 DEGREES 13' 22" EAST ALONG SAID EASTERLY LINE 100.08
FEET; THENCE NORTH 89 DEGREES 54' 30" EAST PARALLEL TO
THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0 DEGREES 13' 22" WEST, PARALLEL TO
THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET;
THENCE NORTH 89 DEGREES 54' 30" EAST 38.66 FEET;
THENCE NORTH 0 DEGREES 13' 22" WEST 84.36 FEET TO A
POINT ON THE SOUTHERLY LINE OF THE NORTHERLY 60.00
FEET OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE
SOUTH LINE OF SAID NORTHERLY 60.00 FEET SOUTH 89
DgGREES 54' 30" WEST 134.97 FEET, TO THE BEGINNING OF
A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
15.00 FEET, THENCE WESTERLY AND SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 80 DEGREES 07' 52" A
LENGTH OF 23.60 FE~T TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; 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. PC88-203 granting
Conditional Use Permit No. 3037; 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 hear-
lng 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
ail evidence and reports offered at said public hearing before
the City Council, that ail 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
adjoining land uses and the growth and development of
which it is proposed to be located; and
the
the area in
use iS
use in
peace,
That the size and shape of the site proposed for the
not adequate to allow the full development of the proposed
a manner not detrimental to the particular area nor to the
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 for the reasons hereinabove specified,
the request of said applicant to permit a transportation terminal
on the hereinabove described real property and said conditional
use permit application be, and the same are hereby, denied.
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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
City Council
1988.
is approved and adopted by the
of the City of Anaheim this 20th day of September,
MAYOR OF THE ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: fm
2747L
092188
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ELE~dl
STARE OF CALIFOrnIA )
COUNTY OF OR'GE ) ss.
CITY OF ~qAHEIM )
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-363 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of September, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: ilaywood
tM~D i FURTHER CERTIFY that the Mayor of the City of ~naheim signed said
Kesolution No. 88R-363 on the 28th day of September, 1988.
IN WITNESS WHEFOEOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of September, 1988.
CITY CLERJi 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. 88R-363 duly passed and
adopted by the Anaheim City Council on September 20, 1988.
CITY CLERK OF THE CITY OF ANAHEIM