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87-040RESOLUTION NO. 87R-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAttEIM DENYING CONDITIONAL USE PERMIT NO. 2856. WHEREAS, the City Planning Commission o£ the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from GEORGE CHRIS HEED: HEED FAMILY TRUST, 7122 Westminster Avenue, Westminster, California 92683, owner, and JERRY DEMING, 1830 South Anaheim Boulevard, Anaheim, California 92804, agent, on certain real property situated in the City o£ Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE 60-FOOT CALIFORNIA STATE HIGHWAY WITH THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF TttE LAND CONVEYED TO THE SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED MARCH 6, 1912 IN BOOK 207, PAGE 51 OF DEEDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 40© 50' 15" EAST 301.04 FEET ALONG SAID CENTERLINE FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 48© 58' 00" EAST ALONG SAID SOUTHWESTERLY EXTENSION OF SAID SOUTHEASTERLY LINE AND ALONG SAID SOUTHEASTERLY LINE 50.00 FEET TO THE MOST WESTERLY CORNER OF THE TRACT OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED JULY 26, 1922 IN BOOK 412, PAGE 363 OF SAID DEEDS; THENCE NORTH 89© 54' 00" EAST ALONG THE SOUTH LINE OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED JULY 26, 1922 IN BOOK 412, PAGE 363 OF SAID DEEDS, A DISTANCE OF 131.98 FEET TO A POINT DISTANT 150.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THE 60-FOOT CALIFORNIA STATE HIGHWAY; THENCE SOUTH 40© 50' 15" EAST PARALLEL WITH SAID CENTERLINE A DISTANCE OF 29.00 FEET; THENCE SOUTHWESTERLY TO A POINT IN SAID CENTERLINE DISTANT SOUTH 40© 50' 15" EAST 115.00 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 40© 50' 15" WEST 115.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 14, 1966 IN BOOK 7867, PAGE 265 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE 60-FOOT CALIFORNIA STATE HIGHWAY WITH THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO THE SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED MARCH 6, 1912 IN BOOK 207, PAGE 51 OF DEEDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 40° 50' 15" EAST 301.04 FEET ALONG SAID CENTERLINE FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 48© 58' 00" EAST ALONG SAID SOUTHWESTERLY EXTENSION OF SAID SOUTHEASTERLY LINE AND ALONG SAID SOUTHEASTERLY LINE 50.00 FEET TO THE MOST WESTERLY CORNER OF THE TRACT OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED JULY 26, 1922 IN BOOK 412, PAGE 363 OF SAID DEEDS; THENCE NORTH 89© 54' 00" EAST ALONG THE SOUTH LINE OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED JULY 26, 1922 IN BOOK 412, PAGE 363 OF SAID DEEDS, A DISTANCE OF 131.98 FEET TO A POINT DISTANT 150.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF 60-FOOT CALIFORNIA STATE HIGHWAY; THENCE SOUTH 40° 50' 15" EAST PARALLEL WITH SAID CENTERLINE A DISTANCE OF 29.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 40© 50' 15" EAST 50.00 FEET; THENCE SOUTHWESTERLY TO A POINT IN SAID CENTERLINE DISTANT SOUTH 40° 50' 15" EAST 165.00 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LAND OF SOUTHERN CALIFORNIA EDISON COMPANY; THENCE NORTH 40© 50' 15" WEST ALONG SAID CENTERLINE A DISTANCE OF 50.00 FEET; THENCE NORTHEASTERLY TO THE TRUE 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. PC86-286 denying Conditional Use Permit No. 2856; and -2- 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 ali 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 ali 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 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; and WHEREAS, the City Council does further find and determine with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than the requested waiver off-street parking requirements, as follows: of 1. That there are no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone; and 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. WHEREAS, the City Council does further 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 off-street parking requirement waiver, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver should be denied, for the following reasons: -3- 1. That the variance will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance will be detrimental to the peace, health, safety or 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 denying said conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request of GEORGE CHRIS HEED: HEED FAMILY TRUST, 7122 Westminster Avenue, Westminster, California 92683, owner, and JERRY DEMING, 1830 South Anaheim Boulevard, Anaheim, California 92804, agent, 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 City Council of 1987, FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 10th day of February, MA~~ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAFFE~M BG:fm 1736L 033087 -4- CLERK STATE OF CALIFORNIA ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-40 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 10th day of February, 1987, by the following vote of the members thereof: AYES: COU~CIL M~BERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-40 on the 10th day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of February, 1987. (SEAL) I, LEO~ORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-40 duly passed and adopted by the Anaheim City Council on February 10, 1987. CLERiK