92-200 RESOLUTION NO. 92R-200
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3527.
WHEREAS, the city Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit a two story, 9-unit commercial retail center 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:
THAT PORTION OF THE LAND ALLOTTED TO PAULA
PERALTA DE DOMINGUEZ IN DECREE OF PARTITION OF
THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN
BOOK B OF JUDGMENTS OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, LOCATED IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE
OF THE RIGHT OF WAY GRANTED TO THE SANTA ANA
VALLEY IRRIGATION COMPANY BY DEED RECORDED
OCTOBER 9, 1947, IN BOOK 1536, PAGE 487,
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID
POINT BEING 449.01 FEET SOUTH 44° 00' 30" WEST
OF A POINT 72.98 FEET NORTH 38° 45' 42" WEST
FROM A POINT ON THE CENTERLINE OF SANTA ANA
CANYON ROAD DESCRIBED IN DEED RECORDED IN BOOK
171, PAGE 144, OFFICIAL RECORDS OF SAID ORANGE
COUNTY, SAID POINT ON SAID CENTERLINE BEING
728.55 FEET NORTH 14° 00' 30" EAST FROM A BOLT
MARKING THE EASTERN TERMINUS OF A CURVE ON SAID
CENTERLINE, SAID CURVE BEING DESIGNATED IN SAID
DEED AS HAVING A RADIUS OF 450.00 FEET AND
THROUGH A CENTRAL ANGLE OF 37° 02' 45" FROM
SAID POINT OF BEGINNING; THENCE NORTH 40° 07'
45" WEST, 1016.38 FEET TO A POINT ON THE NORTH
LINE OF SAID RANCHO SANTIAGO DE SANTA ANA;
THENCE SOUTH 40° 24' 03" WEST, 69.05 FEET TO
STATION NO. 36 S.S.A., SAID STATION BEING
MARKED TO BY A CONCRETE MONUMENT; THENCE SOUTH
46° 54' 30" WEST ALONG SAID RANCHO LINE 338.15
FEET TO A POINT 66.00 FEET NORTH 46° 54' 30"
EAST FROM A 6 INCH CONCRETE MONUMENT MARKING
STATION NO. 37 S.S.A., THENCE SOUTH 28° 49' 30"
EAST, 637.82 FEET; THENCE SOUTH 0° 55' 00"
WEST, 372.39 FEET TO A POINT ON THE CENTERLINE
OF SAID SANTA ANA CANYON ROAD AS DESCRIBED IN
THE DEED ABOVE MENTIONED; THENCE NORTH 81° 03'
15" EAST ALONG SAID CENTERLINE 251.00 FEET TO
THE BEGINNING OF A CURVE TANGENT CURVE TO THE
NORTH WITH A RADIUS OF 450.00 FEET; THENCE
ALONG SAID CURVE A DISTANCE OF 75.16 FEET
THROUGH A CENTRAL ANGLE OF 9° 34' 10" TO A
POINT ON THE NORTHWESTERLY LINE OF SAID RIGHT
OF WAY GRANTED TO THE SANTA ANA VALLEY
IRRIGATION COMPANY; THENCE NORTH 26° 49~ 10"
EAST, 64.10 FEET TO AN ANGEL POINT ON THE
NORTHERLY LINE OF SAID RIGHT OF WAY; THENCE
NORTH 44° 00' 40" EAST, 433.52 FEET ALONG SAID
NORTHERLY LINE OF SAID RIGHT OF WAY TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION LYING
NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF
THE SANTA ANA CANYON ROAD, AS DESCRIBED BY DEED
RECORDED IN BOOK 1661, PAGES 232 THROUGH 237
INCLUSIVE, OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
THE ABOVE, WHICH WAS ACQUIRED BY GRANTORS PER
A DEED RECORDED AUGUST 4, 1980, IN BOOK
13688, PAGES 1101 THROUGH 1103 INCLUSIVE OF
THE RECORDS OF SAID ORANGE COUNTY,
AND
THE BELOW, WHICH WAS ACQUIRED BY GRANTORS PER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM, (RESOLUTION NO. 81R-329) VACATING
SAID LAND PER DOCUMENT RECORDED AUGUST 19,
1981, IN BOOK 14187, PAGES 1154 THROUGH 1157,
INCLUSIVE, IN THE OFFICIAL RECORDS OF SAID
ORANGE COUNTY.
THAT PORTION OF L~ND ALLOTTED TO PAULA
PERALTA DE DOMINGUEZ IN DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED
IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL
DISTRICT OF THE COURT OF CALIFORNIA, LOCATED
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE SANTA ANA CANYON ROAD
LYING SOUTHERLY OF THE CENTERLINE OF SAID
SANTA ANA CANYON ROAD, AS SET FORTH IN AN
INSTRUMENT RECORDED IN BOOK 171, PAGE 144,
OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND
LYING WESTERLY OF THE NORTHWESTERLY LINE OF
THE RIGHT OF WAY GRANTED TO THE SANTA ANA
VALLEY IRRIGATION COMPANY BY DEED RECORDED
OCTOBER 8, 1947, IN BOOK 1536, PAGE 487, OF
SAID OFFICIAL RECORDS.
RESERVING UNTO THE CITY OF ANAHEIM, ALL
ABUTTER~S RIGHTS OF ACCESS TO SANTA ANA
CANYON ROAD.
ALL THAT PORTION OF THE LAND ALLOTTED TO
PAULA PERALTA DE DOMINGUEZ, AS DESCRIBED IN
THE FINAL DECREE OF PARTITION OF THE RANCHO
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SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1968 IN BOOK "B", PAGE 410 OF
JUDGMENTS OF THE DISTRICT IN AND FOR LOS
ANGELES COUNTY, CALIFORNIA DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE
SOUTHEASTERLY LINE OF PARCEL 1 OF LAND IN
DEED RECORDED JUNE 29, 1948 IN BOOK 1661,
PAGE 222, AND RE-RECORDED JULY 30, 1948, IN
BOOK 1678, PAGE 209 OFFICIAL RECORDS, WITH
THE SOUTHERLY LINE OF SANTA ANA CANYON ROAD,
60 FEET WIDE, AS DESCRIBED IN BOOK 171, PAGE
144 OF OFFICIAL RECORDS; THENCE NORTH 01 DEG.
03' 15" EAST 134.20 FEET ALONG SAID SOUTHERLY
LINE OF SANTA ANA CANYON ROAD TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION, SAID
POINT OF BEGINNING BEING THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY WITH A
CENTRAL ANGLE OF 37 DEG. 02' 45" AND A RADIUS
OF 480 FEET; THENCE EASTERLY 47.87 FEET
THROUGH A CENTRAL ANGLE OF 5 DEG. 42' 52"
ALONG SAID CURVE TO ITS INTERSECTION WITH THE
WESTERLY LINE OF THAT CERTAIN 50 FOOT STRIP
OF LAND AS CONVEYED TO THE SANTA ANA VALLEY
IRRIGATION COMPANY BY DEED RECORDED OCTOBER
9, 1947, IN BOOK 1536, PAGE 487 OF OFFICIAL
RECORDS; THENCE ALONG SAID WESTERLY LINE
SOUTH 26 DEG. 49~ 10" WEST 34.68 FEET TO AN
ANGLE POINT THEREON; THENCE SOUTH 6 DEG. 27'
35" WEST 135.16 FEET THENCE SOUTH 7 DEG. 51'
35" EAST 140.41 FEET; THENCE SOUTH 33 DEG.
19' 25" WEST 141.24 FEET TO A POINT THAT IS
NORTH 33 DEG. 19' 25" EAST 114.05 FEET FROM
THE SOUTHWEST TERMINUS OF A COURSE IN THE
WEST LINE OF SAID 50 FOOT STRIP HAVING A
BEARING OF NORTH 33 DEG. 19' 25" EAST AND A
LENGTH OF 255.29 FEET; THENCE LEAVING SAID
WESTERLY LINE, NORTH 11 DEG. 44' 03" WEST
105.45 FEET; THENCE NORTH 4 DEG. 27~ 20" WEST
120.00 FEET; THENCE NORTH 0 DEG. 21' 56" EAST
178.35 FEET TO THE SOUTHERLY LINE OF
AFOREMENTIONED SANTA ANA CANYON ROAD, 60 FEET
WIDE; THENCE NORTH 81 DEG. 03~ 15" EAST 72.92
FEET TO THE TRUE POINT OF BEGINNING.
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. PC92-89 granting
Conditional Use Permit No. 3527; 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 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 the project as
presently designed (two-story structure located along the west
property line) would result in the building being to close to
single-family residences.
2. 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 because the size and
location of the proposed building would interfere with the quiet
enjoyment of the adjacent residences.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.44.062.011 - Maximum structural height
within 150 feet of single
family residential zone
boundary.
(0 to 2~ feet permitted at 0 to 5-
foot setback;
26 feet proposed)
SECTION 18.44.063.040 - Minimum structural setback
adjacent to a residential zone
boundary.
(10 feet fully landscaped required;
0 to 5 feet
proposed)
SECTION 18.44.064.020 - Permitted encroachment into
reGuired yards. (maximum 30-
foot wide access drive width
permitted; 36 feet proposed)
SECTION 18.84,062.032 - Prohibited roof-mounted
eGuiDment.
(Roof-mounted eGuipment in the
Scenic
Corridor Overlay prohibited; ~
roof-mounted
air conditioninq unit enclosures
proposed)
SECTIONS 18.05.091.010 - Permitted tYDe of sheDDing
center
and 18.84.062.040 identification.
(one sinqle-faced, 30-inch high
wall-mounted
sign permitted; one, 6-foot high
double-
faced, freestanding sign proposed)
WHEREAS, the City Council does 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 waivers, that all of the
conditions 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 the applicant failed to present evidence of special
circumstances applicable to the property, including size, shape,
topography, location or surroundings, which do not apply to other
property under identical zoning classification in the vicinity.
2. That the applicant failed to present evidence that
strict application of the zoning code deprives 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 said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request to permit a two storey, 9-unit commercial retail
center on the hereinabove described real property with waivers
of the aforesaid 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 22nd day of September,
1992.
MAYOR OF THE CITY OF
ATTEST:
CIT CLERK OF THE CITY OF ANAHEI~
JLW:lm
092492
RCUP3527.12
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. 92R-200 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 22rid day of September, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-200 on
the 23rd day of September, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of September, 1992.
CITY CLERK OF THE CITY 0
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original ~
of Resolution No. 92R-200 was duly passed and adopted by the City Council of the City of Anaheim on
September 22, 1992.
CITY CLERK OF THE CITY OF ANAHEIM '"'"'