2005-012
RESOLUTION NO. 2005 - 12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING CONDITIONAL USE
PERMIT NO. 2001-04431.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
PARCEL 1: LOT 22 OF TRACT NO. 117, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK II PAGE 15 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID LOT 22; THENCE NORTH 8 0 35' 45" WEST ALONG THE
EASTERLY LINE OF SAID LOT 22, A DISTANCE OF 1129.90 FEET;
THENCE SOUTH 71024' 15" WEST 180.00 FEET TO THE TRUE POINT
o BEGINNING; THENCE NORTH 19001' 13" WEST 308.03 FEET TO
THE CENTER OF SANTA ANA VALLEY IRRIGATION COMPANY
CANAL AS IT NOW EXISTS; THENCE ALONG THE CENTER OF SAID
CANAL SOUTH 580 05' 43" WEST 44.42 FEET; THENCE SOUTH 57" 04'
55" WEST 40.15 FEET; THENCE SOUTH 500 39' 58" WEST 60.02 FEET;
THENCE SOUTH 450 48' 15" WEST 510.00 FEET; THENCE SOUTH 250
10' 51" EAST 223.13 FEET; THENCE NORTH 790 24' 15" EAST 162.99
FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTION
THEREFROM THE NORTHERLY PORTION OF SAID LAND AS
CONVEYED TO THE STATE OF CALIFORNIA FOR FREEWAY
PURPOSES IN DEED RECORDED AUGUST 24, 1951, IN THE BOOK
2221.P AGE 73, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM
THAT PORTION LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING A T A POINT IN THE EASTERLY LINE
OF SAID LOT 24, SAID POINT BEING THE SOUTHEASTERLY
CORNER OF THE LAND FIRST DESCRIBED IN THE FINAL ORDER
OF CONDEMNATION RECORDED APRIL 2, 1970, IN BOOK 9254,
PAGE 860 OF OFFICIAL RECORDS; THENCE SOUTH 6730'44" WEST
43.47 FEET; THENCE WESTERLY ALONG A TANGENT CURVE,
CONCA VE NORTHERLY AND HA VING A RADIUS OF 1200.00 FEET,
THROUGH AN ANGLE OF 2T 30' 53" AN ARC DISTANCE OF 576.27
FEET; THENCE NORTH 840 58' 23" WEST 811.01 FEET TO THAT
CERTAIN CURVE DESCRIBED AS HAVING A RADIUS OF 2917.00
FEET IN SAID DEED TO THE STATE OF CALIFORNIA.
PARCEL 2: THA T PORTION OF LOT 22 OF TRACT OF TRACT NO.
117, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 15 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, ST ATE OF CALIFORNIA.
BOUNDED ON THE WEST. SOUTH AND THE EAST BY THE
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WESTERLY, SOUTHERLY AND EASTERLY LINES, RESPECTIVELY
OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE
OF CALIFORNIA BY PARCEL 1 OF DEED (C2614), RECORDED IN
BOOK 8619, PAGE (S) 704 OF OFFICIAL RECORDS; THENCE
EASTERLY IN A DIRECT LINE TO THE SOUTHWESTERLY CORNER
OF PARCEL C2615-1 OF SAID FINAL ORDER OF CONDEMNATION.
PARCEL 3: LOTS 23 AND 23 OF TRACT MAP NO. 117, AS SHOWN
ON A MAP RECORDED IN BOOK 11 , PAGE 15 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CA.
EXCEPTING THEREFROM THE NORTHERLY PORTION OF SAID
LAND, AS GRANTED TO THE STATE OF CALIFORNIA FOR
FREEWAY PURPOSES IN THE DEED RECORDED AUGUST 24, 1951,
IN BOOK 2221 , PAGE 73, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 24,
SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE LAND
FIRST DESCRIBED IN THE FINAL ORDER OF CONDEMNATION
RECORDED APRIL 2, 1970, IN BOOK 9254, PAGE 860, OFFICIAL
RECORDS; THENCE SOUTH 6T 30' 44" WEST 43.47 FEET; THENCE
WESTERLY ALONG A TANGENT CURVE CONCA VE NORTHERLY
AND HAVING A RADIUS OF 1200 FEET, THROUGH AN ANGLE OF
2T 30' 53" AN ARC DISTANCE OF 576.27 FEET; THENCE NORTH 840
58' 23" WEST 811.01 FEET TO THAT CERTAIN CURVE DESCRIBED
AS HAVING A RADIUS OF 2917.00 FEET IN SAID DEED TO THE
STATE OF CALIFORNIA.
ALSO, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 24,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SAID TRACT NO.
117, SAID POINT BEING NORTH 00 38' 53" EAST 2045.63 FEET,
MEASURED ALONG SAID EAST LINE, FROM A FOUND 9 INCH BY
9 INCH POINT, REPLACING A 4 INCH BY A 4 INCH STAKE SHOWN
ON RECORD OF SURVEY RECORDED IN BOOK 11, PAGE 24 OF
RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE 23 0 16' 30" WEST 193.52
FEET; THENCE SOUTH 00 15049" EAST 89.55 FEET TO THE SOUTH
LINE OF SAID LOT 24; THENCE SOUTH 890 07' 00" EAST 73.03 FEET
OT THE SOUTHEAST CORNER OF SAID LOT 24; THENCE NORTH 0'
38' 53" EAST 268.46 FEET TO THE POINT OF BEGINNING.
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WHEREAS, said application seeks approval of a conditional use permit to permit a
wedding chapel and banquet facility consisting generally of a two-story main building with a total floor
area of27,910 square feet to include two wedding chapels, two banquet rooms, restrooms, two bars,
lounges, dressing rooms, and one central kitchen, together with a 2,000 square foot maintenance
building (the "project") with waivers of the following provisions of the Anaheim Municipal Code:
(a)
SECTION NO. 18.18.060.010
Maximum building height.
(25 feet permitted; 30 feet proposed)
(b)
SECTION NO. 18.40.060
Required street improvements
(Street improvements required on
Santa Ana Canyon Road; none proposed)
(c)
SECTION NO. 18.42.040.010
Minimum number of parking spaces
(278 required; 269 proposed by applicant and
recommended by the City Traffic and
Transportation Manager)
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. PC2004-138 granting, in part, Conditional Use Permit No. 2001-04431
subject to specified conditions of approval, including the waiver of code requirements requested by the
applicant; except the waiver relating to street improvements required on Santa Ana Canyon Road, which
was denied by said Commission; and
WHEREAS, within the time and manner prescribed by law, the applicant did appeal said
Planning Commission decision to the Anaheim City Council, asking the City Council to reconsider the
waiver of code requirements, as requested by applicant, pertaining to the required street improvements
that was denied by the City Planning Commission; and
WHEREAS, thereafter, the City Council did set said application for such project for a
de novo public hearing, which public hearing was duly noticed in the manner provided by law; 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, including all the evidence submitted to the City Planning
Commission at the time of its hearing upon said application, and did consider the same; and
WHEREAS, the City Council does find, after careful consideration of all evidence and
reports submitted to the City Planning Commission and the action taken by said 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 the Anaheim Municipal Code are not present for the following reasons:
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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:
(a) The proposed use will generate significant traffic on Santa Ana Canyon Road that
will be concentrated at times when events are scheduled to occur on the premises, and which will
adversely impact adjoining land uses and the growth and development of the area in the absence ofthe
required street improvements.
(b) The proposed use will generate lighting, noise and amplified sound which will
occur in or around an area which is primarily devoted to single-family residential dwellings and which
lighting, traffic and noise will mainly occur during evening hours, or on weekends and holidays, when
residents will be generally seeking the quiet enjoyment oftheir properties, and which increased lighting,
traffic and noise will be detrimental to such surrounding land uses and the quiet enjoyment of such
neighboring properties.
(c) The actIvItIes proposed by the applicant will customarily involve the
consumption of alcoholic beverages on the property. This will likely contribute to the addition of more
noise emanating from the premises and will also increase traffic-related risks associated with the
winding and steep street egress and access on Santa Ana Canyon Road, which for the segment fronting
the property carries heavy relatively high speed traffic volumes.
(d) The proposed use will involve the removal ofthirty (30) specimen Oak trees, and
the project's site appearance will be significantly altered due to the grading of the site, including the
lowering by up to 82 feet ofa prominent ridge1ine, which will significantly impact the aesthetics of the
area.
2, 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 because:
(a) The proposed project will result in an estimated additional 500 daily vehicle trips
which, when assessing the development as proposed, will negatively impact traffic safety and traffic
flow on Santa Ana Canyon Road. At the present time, existing daily vehicle trips on this four lane
undivided segment of Santa Ana Canyon Road exceed the available capacity. Project traffic, combined
with future volume of daily trips for that segment of Santa Ana Canyon Road west of the proposed
project, will have a significant negative impact on this section of Santa Ana Canyon Road in the
absence of the required street improvements.
(b) The project as proposed without a 16- foot wide raised median barrier on Santa
Ana Canyon Road will result in unsafe U-turns on a curved portion ofthe roadway that is at a grade and
carries heavy relatively high speed traffic volumes. Moreover, a 16-foot wide raised median barrier is
needed to provide for a 12-foot wide left-turn pocket of adequate length, proposed at Deer Canyon
Road, to allow for protected left turns and U-turns to serve the wedding chapel and future development
west of the project site. The width of the proposed median is also appropriate considering the fact that
the project is within the Scenic Corridor Overlay zone which encourages developing enhanced
landscaping along Santa Ana Canyon Road; the development of an 8-foot median will only provide for
4-feet oflandscaping because 2-feet ofhardscape is required around the perimeter of the median. The
construction of a 180-foot long, 13-foot wide eastbound right-turn lane from Santa Ana Canyon Road
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into the project site and signalization at proposed Deer Canyon Road is also needed to provide safe
egress and access to the project and to maintain traffic flow on Santa Ana Canyon Road.
(c) The necessary measures to mitigate the increased volume of vehicular traffic
generated by the proposed project will involve an estimated cost of $1,834,515 which will include
improvements possibly benefitting other projects in the vicinity for which a benefit district could be
established by the City and the applicant reimbursed for costs in excess of the projects proportionate
share; however, the applicant has refused to implement such mitigation measures and incur associated
initial costs.
3. That the granting of the conditional use permit would be detrimental to the peace, health,
safety, and general welfare of the citizens of Anaheim because of each of the reasons set forth in
subparagraphs I (a), (b), (c), and (d) and 2 (a), (b), and (c) enumerated above and incorporated herein
by this reference.
WHEREAS, the City Council does further find that the request for the above-specified
waivers from the applicable provisions of the Anaheim Municipal Code should be denied for the
following reasons: '
1. That waiver (a) above specified, regarding the maximum building height, should be
denied because there has been no adequate showing by the applicant that such height waiver is
necessary to avoid denial of a privilege enjoyed by other properties in the same vicinity and zone.
2. That waiver (b) above specified, regarding required street improvements is hereby denied
because the proposed waiver of street improvements along Santa Ana Canyon Road would have
significant adverse impacts on Santa Ana Canyon Road and its intersection with Eucalyptus Drive as
well as along Santa Ana Canyon Road in the vicinity of the project. Such street improvements would
be required to provide adequate and safe ingress and egress to and from the project site and waiver of
such requirements does not serve to deny the applicant a privilege enjoyed by other properties in the
same vicinity and zone.
WHEREAS, the City Council does further find that the request hereinabove specified
as waiver (c), relating to required minimum number of off-street parking spaces for the project, would
be approved based upon the parking demand study and the recommendation of the City Traffic and
Transportation Manager, except that such approval is moot due to the denial of the conditional use
permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that the action ofthe City Planning Commission in granting, in part, said conditional use permit be, and
the same is hereby, reversed for the reasons hereinabove specified, and that the request to permit a
wedding chapel and banquet facility consisting generally of a two-story main building with a total floor
area of27,910 square feet to include two wedding chapels, two banquet rooms, restrooms, two bars,
lounges, dressing rooms, and one central kitchen, together with a 2,000 square foot maintenance
building on the hereinabove described real property with waivers of the aforesaid provisions of the
Anaheim Municipal Code be, and the same is 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 is approved and adopted by the City Council ofthe
City of Anaheim this 8th day of February, 2005, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, Sidhu, Hernandez, Galloway
NOES:
None
ABSENT:
None
ABSTAIN:
None
By
M
57227. v3/mgordonl02.n.05
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