90-362 RESOLUTION NO. 90R-362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3247.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a 4,400 sq.ft. addition to an existing commercial
retail center on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCEL 1:
THAT PORTION OF THE SW 1/4 OF SECTION 13, T 4 S, R 10
W, SBM, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY O ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE
DESCRIBED AS N 89 DEG. 02' 32" W, 175.00 FEET IN THE
BOUNDARY OF PARCEL 3 OF FINAL ORDER OF CONDEMNATION
(STATE PARCEL B6419) FILED IN SUPERIOR COURT CASE NO.
114537 IN AND FOR SAID COUNTY, A CERTIFIED COPY OF
SAID FINAL ORDER BEING RECORDED JUNE 3, 1964 IN BOOK
7073, PAGE 214 OF SAID OFFICIAL RECORDS: THENCE ALONG
THE EASTERLY PROLONGATION OF SAID COURSE S 89 DEG. 02'
32" E, 318.48 FEET T A NON-TANGENT CURVE, CONCAVE
EASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, FROM A TANGENT WHICH BEARS
N 00 DEG. 57' 28" E, THROUGH AN ANGLE OF 40 DEG. 56'
43", AN ARC DISTANCE OF 214.19 FEET TO A POINT IN THAT
COURSE DESCRIBED AS S 52 DEG. 13' 12" W, 24.19 FEET IN
THE BOUNDARY OF SAID PARCEL 3, DISTANT THEREON N 52
DEG. 13' 1Z" E, 2.55 FEET FROM ITS SOUTHWESTERLY
TERMINUS; THENCE ALONG LAST SAID BOUNDARY THE
FOLLOWING COURSE; S 52 DEG. 13' 12" W, 2.55 FEET; S 53
DEG. 20' 07" W, 258.88 FEET; AND S 79 deg. 38' 53" W.
188.66 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THE NORTHERLY 2 FEET OF SEGMENT 1 OF STATE
RELINQUISHMENT REQUEST NO. 1077, RECORDED OCTOBER 30,
1984 AS DOCUMENT NO. 84-446412, OF OFFICIAL RECORDS,
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
CUP 3247
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. PC90-192 granting
Conditional Use Permit No. 3247; 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-
ing 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 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; and
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request of said applicant to permit a 4,400 sq.ft.
addition to an existing commercial retail center on the
hereinabove described real property 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.
-2- CUP 3247
THE FOREGOING RESOLUTION is approved and adopted by the
City Council o£ the City of Anaheim this 18th day of September,
1990.
ATTEST:
C K OF THE CITY OF ANAHEIM
JLW:kh
3908L
091990
-3- CUP 3247
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-362 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of September, 1990, by the following vote of the members thereof:
AYES COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kaywood
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-362 on the 25th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of September, 1990.
CITY CLERK OF
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Kesolution No. 90R-362, duly passed and
adopted by the Anaheim City Council on September 18, 1990.
CITY CLERK OF THE CITY OF ANAHEIM~