90-399 RESOLUTION NO. 90R-399
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3324.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a self-storage facility with manager's unit on certain
real property situated in the City of Anaheim, County of Orange,
State of California, described as:
THOSE PORTIONS OF LOTS i AND 8 OF THE HELEN AND
LYNCH'S SUBDIVISION, AS PER MAP RECORDED IN
BOOK 442, PAGE 158 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, AND THOSE PORTIONS OF LOTS 46 AND
47 OF ANAHEIM EXTENSION, AS PER MAP OF SURVEY
MADE BY WILLIAM HAMEL FILED IN SAID OFFICE OF
THE COUNTY RECORDER OF "LOS ANGELES COUNTY
MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, LOCATED PARTLY IN
THE CITY OF ANAHEIM, AND ALL IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE
OF THE RAILROAD BETWEEN LOS NIETOS STATION AND
THE TOWN OF ANAHEIM, WITH THE WESTERLY LINE OF
THE LAND DESCRIBED IN DEED TO ARTHUR ALEXANDER
NEIMANN, RECORDED MARCH 15, 1872 IN BOOK 24,
PAGE 396 OF DEEDS OF SAID LOS ANGELES COUNTY,
(SAID WESTERLY LINE BEING SHOWN AS STATION
1079-40 ON MAP NO. V-12/6 OF THE SOUTHERN
PACIFIC RAILROAD COMPANY); THENCE SOUTHERLY
476.00 FEET ALONG SAID WESTERLY LINE TO A LINE
PARALLEL WITH AND SOUTHWESTERLY 400.00 FEET
FROM SAID CENTER LINE; THENCE SOUTHEASTERLY
2340.00 FEET ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF WALNUT STREET, AS SHOWN ON SAID
MAP BY WILLIAM HAMEL); THENCE NORTHERLY 595.00
FEET ALONG SAID CENTERLINE OF WALNUT STREET TO
A LINE PARALLEL WITH AND 100.00 FEET
NORTHEASTERLY FROM THE SAID CENTERLINE OF THE
RAILROAD; THENCE NORTHWESTERLY 2340.00 FEET
ALONG SAID WESTERLY LINE TO THE POINT OF
BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH
LINE OF BROADWAY STREET, IN SAID TOWN OF
ANAHEIM, WITH THE SOUTHWESTERLY LINE OF THE
STATION GROUNDS, OR RESERVATION, AND RUNNING
THENCE EAST ALONG THE SOUTH LINE OF BROADWAY
STREET, PRODUCED EASTERLY, 146 FEET; THENCE AT
SOUTHWESTERLY LINE NORTH 57° 4' WEST 175.3
FEET TO THE PLACE OF BEGINNING, BEING A PORTION
OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE
10 WEST, S.B.M. ALSO EXCEPT COMMENCING AT THE
INTERSECTION OF THE WEST LINE OF WALNUT STREET
WITH THE SOUTHERLY LINE OF THE SOUTHERN PACIFIC
RAILROAD COMPANY'S STATION GROUNDS AT WEST
ANAHEIM; THENCE NORTHERLY ALONG SAID WEST LINE
OF WALNUT STREET, 597.7 FEET, MORE OR LESS, TO
AN INTERSECTION WITH THE NORTHERLY LINE OF THE
SOUTHERN PACIFIC RAILROAD COMPANY'S STATION
GROUNDS; THENCE NORTH 57° 4' WEST ALONG SAID
LINE TO A POINT DISTANT 5.25 FEET AT RIGHT
ANGLES FROM WEST LINE OF WALNUT STREET; THENCE
SOUTHERLY 595.7 FEET, MORE OR LESS, ON A LINE
PARALLEL TO AND DISTANT 5.25 FEET AT RIGHT
ANGLES WESTERLY FROM THE WEST LINE OF WALNUT
STREET TO AN INTERSECTION WITH THE SOUTHERLY
LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S
STATION GROUNDS; THENCE SOUTH 57° 4' EAST ALONG
SAID LINE TO THE POINT OF BEGINNING, AS GRANTED
TO THE CITY OF ANAHEIM FOR WIDENING OF WALNUT
STREET, BY DEED RECORDED IN BOOK 178, PAGE 138
OF DEEDS.
ALSO EXCEPT ALL THAT TRIANGULAR PIECE OR PARCEL
OF LAND SITUATE, LYING, AND BEING IN LOT 1 OF
THE HELEN AND LYNCH ADDITION, AS SHOWN ON A MAP
RECORDED JUNE 12, 1888 IN BOOK 442, PAGE 158 OF
DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, SAID LOT 1 BEING THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4
SOUTH,RANGE 10 WEST, S.B.M., WHICH TRIANGULAR
SHAPED PIECE OR PARCEL OF LAND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT LOCATED AT THE
INTERSECTION OF THE CENTERLINE OF LINCOLN AVENUE
WITH THE WESTERLY BOUNDARY LINE OF THE CITY OF
ANAHEIM, SAID BOUNDARY LINE IS ALSO THE
NORTHEASTERLY CORNER OF SAID LOT 1; THENCE
WESTERLY FROM SAID CONCRETE MONUMENT ALONG THE
CENTERLINE OF LINCOLN AVENUE, SAID CENTERLINE
BEING ALSO THE NORTHERLY LINE OF SAID LOT 1, A
DISTANCE OF 660.0 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 1; THENCE SOUTHERLY, ALONG
THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
199.11 FEET TO THE SOUTHWESTERLY CORNER OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO RUSSELL EVANS
BY DEED RECORDED IN BOOK 475, PAGE 157 OF DEEDS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID
SOUTHWESTERLY CORNER BEING THE TRUE POINT OF
BEGINNING OF PARCEL TO BE DESCRIBED; THENCE
SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID PARCEL OF LAND CONVEYED TO RUSSELL EVANS,
SAID LINE BEING ALSO THE NORTHEASTERLY LINE OF
SAID SOUTHERN PACIFIC RAILROAD COMPANY'S
PROPERTY, A DISTANCE OF 33.10 FEET TO A POINT;
THENCE SOUTHWESTERLY, AT RIGHT ANGLES, A
DISTANCE OF 50.00 FEET TO A POINT IN THE
WESTERLY LINE OF SAID LOT it AND THE WESTERLY
LINE OF SAID SOUTHERN PACIFICRAILROAD COMPANY'S
PROPERTY, SAID POINT BEING DISTANT 50.00 FEET,
AT RIGHT ANGLES, FROM THE CENTERLINE OF MAIN
TRACK OF SAID SOUTHERN PACIFIC RAILROAD
COMPANY'S CONSTRUCTED SANTA ANA BRANCH; THENCE
NORTHERLY, ALONG THE SAID WESTERLY LINE OF SAID
LOT 1, A DISTANCE OF 59.96 FEET TO THE TRUE
POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING
SOUTH OF THE CENTERLINE OF SANTA ANA STREET, AS
SAID STREET IS SHOWN ON MAP RECORDED IN Book 27,
PAGE 23 OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING
WITHIN PARCELS 2 AND 3 OF PARCEL MAP NO. 82-249,
AS PER MAP FILED IN BOOK 176 PAGES 17 AND 19 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THAT
PORTION OF MABEL STREET CONVEYED TO WILSON AND
HAMPTON PAINTING CONTRACTORS, A CALIFORNIA
CORPORATION, BY SOUTHERN PACIFIC TRANSPORTATION
COMPANY, A DELAWARE CORPORATION, BY THE DEED
RECORDED DECEMBER 20, 1982 AS INSTRUMENT NO. 82-
445774, OFFICIAL RECORDS.
A PORTION OF SAID LAND IS SHOWN ON MAP RECORDED
IN BOOK 92, PAGE 9 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
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. PC90-210 granting Conditional
Use Permit No. 3324; 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
hearing, did adopt its Resolution No. PC90-210 granting Conditional
Use Permit No. 3324; 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 no evidence was presented to demonstrate that the
proposed use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to
be located; and
2. That no evidence was presented to demonstrate that the
size and shape of the site proposed for the use is 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 no evidence was presented to demonstrate that the
granting of the conditional use permit would not be detrimental to
the peace, health, safety, and general welfare of the citizens of
the City of Anaheim; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTIONS 18.06.050.031 - Minimum number of
18.06.050.050 parking spaces.
and 18.61.066.050 (176 required; 3~3
proposed)
AND 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 waiver(s), that all of the
conditions set forth in Section 18.06.080 of the Anaheim Municipal
Code are not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
1. That no evidence was presented to demonstrate that the
variance(s) will not cause an increase in traffic congestion in the
immediate vicinity and adversely affect adjoining land uses; and
conditional use permit be, and the same is hereby, denied and that
the request of the applicant to permit a self-storage facility with
manager's unit with a waiver of certain provisions of the Anaheim
Municipal Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
reheatings 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 of the City of Anaheim this 6th day of November, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
RCUP3324.179
- 5 -
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. 90R-399 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6 ch day of November, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-399 on the 16th day of November, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of November, 1990.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-399, duly passed and
adopted by the Anaheim City Council on November 6th 1990.
CITY CLERK OF~TH