83R-421
RESOLUTION NO. 83R-421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO . 24 7 5 .
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from NORBERT A. WATE~S and RUTH M. WATERS, owners, to permit an
80-unit motel and cocktail lounge 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:
PARCEL 1:
THAT PORTION OF SECTION 13, 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 10 OF MISCEL-
LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL B AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 20 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY.
PARCEL 2:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 13, 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 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE
DESCRIBED "NORTH 89 DEG. 02' 32" WEST 175.00 FEET IN
THE BOUNDARY OF PARCEL 3 OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 114537, A CERTI-
FIED COpy OF WHICH WAS RECORDED JUNE 3, 1964 IN BOOK
7073, PAGE 214 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY: THENCE ALONG THE EASTERLY PROLONGATION OF SAID
COURSE SOUTH 89 DEG. 02' 32" EAST 318.48 FEET TO A NON-
TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF
300.00 FEET: THBNCE NORTHERLY ALONG SAID CURVE, FROM A
TANGENT WHICH BBARS NORTH 0 DEG. 57' 28" EAST THROUGH A
CENTRAL ANGLE OF 40 DEG. 56' 43" AN ARC LENGTH OF
214.39 FEET TO A POINT IN THAT COURSE DESCRIBED AS
"SOUTH 52 DEG. 13' 12" WEST 24.19 FEET" IN THE BOUNDARY
OF SAID PARCEL 3, DISTANT THEREON NORTH 52 DEG. 13' 12"
EAST 2.55 FEET FROM ITS SOUTHWESTERLY TERMINUS: THENCE
ALONG LAST SAID BOUNDARY THE FOLLOWING COURSES: SOUTH
52 DEG. 13' 12" WEST 2.55 FEET, SOUTH 53 DEG. 20' 07"
WEST 258.88 FEET AND SOUTH 79 DEG. 38' 53" WEST 188.66
FEET TO THE POINT OF BEGINNING: and
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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 re-
quired by law and the provisions of Title 18, Chapter 18.03 of the
Anaheim Municipal Code: and
WHEREAS, said Commission, after due inspection, investi-
gation 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. PC83-162 granting, in part,
Conditional Use Permit No. 2475: 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 con-
sideration 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 pres-
ent for the following reasons:
1. That the proposed use is properly one for which a condi-
tional use permit is authorized by the Anaheim Municipal Code, or
is not listed thereon as a permitted use: and
2. That the proposed use will adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located: and
3. 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
4. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area: and
5. 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
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WHEREAS, said application requests waivers of the fol-
lowing provisions of the Anaheim Municipal Code:
SECTION 18.04.042.080
Minimum structural setback.
(10 feet required from a free-
way right-of-way: 3 feet pro-
posed.
SECTION 18.44.062.011
Maximum structural height.
SECTION 18.05.093.023
Permitted location of free-
standing signs. (120 feet
from west property line per-
mitted: 20 feet proposed.
SECTIONS 18.04.043.102
AND 18.44.064
Maximum fence height. (6 feet
permitted: 9 feet 2 inches pro-
posed) .
WHEREAS, the City Council does find, after careful con-
sideration of the action of the Planning Commission and all evi-
dence and reports offered at said public hearing before the City
Council regarding said requested waivers, that all of the condi-
tions 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 sur-
roundings, 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 granting, in part, said conditional use permit be, and
the same is hereby, reversed for the reasons hereinabove speci-
fied, and that the request of the applicants to permit an SO-unit
motel and cocktail lounge on the hereinabove described real prop-
erty with waivers of the aforesaid provisions of the Anaheim
Municipal Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that, pursuant to City Council
Resolution No. 79R-524, the time within which judicial review of
the aforesaid decision must be sought is governed by the provi-
sions of Section 1094.6 of the Code of Civil Procedure.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of October, 1983.
ATTEST:
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CITY ~LERK OF THE . I Y OF ANAHEIM
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11/17/83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-421 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of October, 1983, by the following vote of the members thereof:
-
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-421 on the 25th day of October, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of October, 1983.
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CITY CLE OF THE ITY AHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-42l duly passed and
adopted by the Anaheim City Council on October 25, 1983.
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CITY CL
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