91-204 RESOLUTION NO. Q]p-gn&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3378.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from to permit a truck rental service as an accessory use to an
existing service station on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
as:
THAT PORTION OF LOT 28 OF ANAHEIM EXTENSION AS
SHOWN ON A MAP BY WM. HAMEL, A COPY OF WHICH IS
SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF
LOS ANGELES COUNTY MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTH LINE OF BALL ROAD
WITH THE INTERSECTION TO THE CENTER LINE OF
HARBOR BOULEVARDS, AS DESCRIBED IN DEED TO THE
COUNTY OF ORANGE, RECORDED MARCH 28, 1930 IN
BOOK 372, PAGE 67 OF OFFICIAL RECORDS; THENCE
NORTH 89° 46' 30" EAST ALONG SAID WESTERLY
PROLONGATION OF SAID NORTH LINE OF BALL ROAD,
150 FEET; THENCE NORTH, AT RIGHT ANGLES TO SAID
NORTH LINE OF BALL ROAD TO THE NORTH LINE OF
THE LAND DESCRIBED IN DEED TO EDWIN EMIL
KETTLER AND WIFE, RECORDED DECEMBER 17, 1951 IN
2264, PAGE 590 OF OFFICIAL RECORDS; THENCE
SOUTH 89° 46' 30" WEST ALONG SAID NORTH LINE
TO SAID CENTER LINE OF HARBOR BOULEVARD; THENCE
SOUTH 11° 07' 30" WEST ALONG SAID CENTER LINE
158.48 FEET TO THE POINT OF BEGINNING.
EXCEPTING ANY INTEREST IN THE SOUTHERLY 20 FEET
THEREOF CONVEYED TO THE CITY OF ANAHEIM BY DEED
DATED DECEMBER 3, 1953 AND RECORDED DECEMBER
11, 1953 IN BOOK 2632, PAGE 187 OF OFFICIAL
RECORDS; 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
CUP #3378
hearing, did adopt its Resolution No. PC91-31 denying Conditional
Use Permit No. 3378; 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; 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 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 truck rental service as an
accessory use to an existing service station 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 B
CUP #3378
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of An?~this 18th day of June, 1991.
MAYO~F THE CITY OF ANAHEIM
ATTEST: ~3~
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3378.12
062091
- 3 -
CUP #3378
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. 91R-204 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 18th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 91R-204 on the 19th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
city of Anaheim this 19th day of June, 1991.
(SEAL)
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-204, duly passed and
adopted by the City Council of the City of Anaheim on June 18, 1991.
CITY CLERK OF THE CITY OF ANAHEIM