1985-132RESOLUTION NO. 85R-132
A RESOLUTION OF"THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2658.
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
from ATLANTIC RICHFIELD COMPANY, owner, and HOME FEDERAL SAVINGS,
agent, to permit a freestanding automatic bank teller machine kiosk
in conjunction with an existing convenience market with gasoline
sales on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL A:
THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN
BOOK 30, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE
OF IMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE IN SAID EASTERLY RIGHT
OF WAY LINE SHOWN ON SAID MAP AS "NORTH 1° 23' 00"
EAST 664.08 FEET"; THENCE NORTH 88° 37' 00" WEST ALONG
SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE
OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH
1° 23' 00" WEST ALONG SAID RIGHT OF WAY LINE OF
IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY
SOUTH 88° 37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT
OF WAY LINE A DISTANCE OF 160.00 FEET; THENCE NORTH 1°
23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE OF
IMPERIAL HIGHWAY A DISTANCE OF 136.37 FEET TO A POINT
IN THE SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE
90.00 FEET WIDE, AS SHOWN ON SAID MAP, SAID SOUTHERLY
RIGHT OF WAY LINE AT SAID POINT BEING THE ARC OF A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,355.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 9°
55' 05" EAST; THENCE WESTERLY ALONG SAID SOUTHERLY
RIGHT OF WAY LINE OF LA PALMA AVENUE, THROUGH A
CENTRAL ANGLE OF 5° 57' 02" AN ARC DISTANCE OF 140.73
FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF
IMPERIAL HIGHWAY; THENCE SOUTH 1° 23' 00" WEST ALONG
SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A
DISTANCE OF 14.24 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTHERLY HALF OF LA PALMA AVENUE
ADJOINING SAID LAND ON THE NORTH, AS SAID AVENUE IS
DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED
MAY 19, 1970 IN BOOK 9293 PAGE 261 OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF THE RANCHO CANYON DE SANTA ANA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT CERTAIN CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AND AN
ARC LENGTH OF 445.24 FEET, IN THE SOUTHERLY LINE OF
THE STRIP OF LAND, 90 FEET WIDE, AS DESCRIBED IN THE
DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE,
»~ RECORDED MAY 19, 1970 IN BOOK 9293 PAGE 261, OFFICIAL
RECORDS, WITH THE EASTERLY LINE OF THE LAND ACQUIRED
BY THE STATE OF CALIFORNIA IN THE DEED RECORDED
OCTOBER 14, 1952 IN BOOK 2395, PAGE 522, OFFICIAL
RECORDS, AND RUNNING THENCE WESTERLY ALONG THE
WESTERLY CONTINUATION OF SAID CURVE FROM THE TANGENT
WHICH BEARS NORTH 85° 38' 21" WEST THROUGH AN ANGLE OF
0° 25' 39" AN ARC DISTANCE OF 10.11 FEET; THENCE
TANGENT NORTH 86° 04' 00" WEST 0.74 FEET TO A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 22
FEET; THENCE WESTERLY ALONG SAID LAST MENTIONED CURVE
THROUGH AN ANGLE OF 24° 24' 18", AN ARC DISTANCE OF
9.37 FEET TO THE NORTHERLY PROLONGATION OF THAT
CERTAIN COURSE DESCRIBED AS HAVING A LENGTH OF 131
FEET IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE
ALONG SAID PROLONGATION SOUTH 1° 50' 03" WEST 10.64
FEET TO THE NORTHERLY TERMINUS OF SAID COURSE; THENCE
ALONG THE BOUNDARY LINES OF SAID LAND SO ACQUIRED BY
THE STATE OF CALIFORNIA, SOUTH 88° 09' 57" EAST 20
FEET AND NORTH 1° 50' 03" EAST 14.24 FEET TO THE 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. PC85-61 denying
Conditional Use Permit No. 2568; 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:
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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; 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; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTIONS 18.06.050.022 -
18.06.050.0224 -
18.06.080
AND 18.44.066.050
Minimum number of parking
spaces. (16 spaces required;
11 spaces 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 the variance(s) 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(s) 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, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, affirmed and that the
request of the applicant to permit a freestanding automatic bank
teller machine kiosk in conjunction with an existing convenience
market with gasoline sales 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
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day o~f April, 1985.
I/'
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
6
CITY CL RK OF THE CITY OF ANAHEIM
JLW : f m
3621M
051785
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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. 85R-132 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on '~`~.,
the 2nd day of April, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-132 on the 2nd day of April, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of April, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-132 duly passed and
adopted by the Anaheim City Council on April 2, 1985.
C TY CLERK
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