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88-155RESOLUTION NO. 88R-155 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2987. 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 ALFRED ESCOBASA, 89S South East Street, Anaheim, CA, owner and JAMSHID ZAMAN, 16116 Dickens Street, Encino, CA 91436, agent, on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE EASTERLY 8-1/3 ACRES, MORE OR LESS, OF THE SOUTHERLY ONE-HALF OF THE FOLLOWING DESCRIBED TRACT: Tile 3S ACRES, MORE OR LESS, LYING EAST OF THE SANTA FE RAILROAD, DESCRIBED AS, BEGINNING AT THE SOUTHEAST CORNER OF THE ORIGINAL TOWN OF ANAHEIM, RUNNING THENCE SOUTH 1S-1/2 DEGREES EAST 20 CHAINS; THENCE SOUTH 74-1/2 DEGREES WEST 17-1/2 CHAINS; THENCE NORTH 15-1/2 DEGREES WEST 20 CHAINS; THENCE NORTH 74-1/2 DEGREES EAST 17-1/2 CHAINS TO THE POINT OF BEGINNING, AND BEING THE EAST 35 ACRES OF THE TRACT DEEDED BY HENRY AND MRS. META BREMERMAN TO S. A. SHEFFIELD, APRIL 1S, 1875; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MONUMENTED CENTER LINE INTERSECTION OF SOUTH EAST STREET, 66.00 FEET IN WIDTH, AND EAST VERMONT AVENUE, 66.00 FEET IN WIDTH; THENCE NORTH iS DEGREES 30' 07" WEST ALONG THE CENTER LINE OF SAID EAST STREET, 194.00 FEET; THENCE SOUTH 74 DEGREES 21' 53" WEST, PARALLEL TO THE CENTER LINE OF SAID VERMONT AVENUE, 197.00 FEET; THENCE SOUTH iS DEGREES 30' 07" WEST, PARALLEL WITH THE CENTER LINE OF SAID EAST STREET, 194.00 FEET TO A POINT ON THE CENTER LINE OF VERMONT AVENUE; THENCE NORTH 74 DEGREES 21' S5" EAST ALONG SAID CENTER LINE, 197.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION INCLUDED WITHIN EAST STREET (66 FEET WIDE) AND VERMONT AVENUE (66 FEET WIDE). ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF VERMONT AVENUE AND EAST STREET; THENCE NORTHERLY ALONG THE CENTER LINE OF EAST STREET, 55 FEET; THENCE WESTERLY, PARALLEL WITH THE CENTER LINE OF VERMONT AVENUE, 73 FEET; THENCE SOUTHERLY PARALLEL WITH THE CENTER LINE OF EAST STREET, S3 FEET TO THE CENTER LINE OF VERMONT AVENUE; THENCE EASTERLY ALONG THE CENTER LINE OF VERMONT AVENUE, 73 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. PC88-67 denying Conditional Use Permit No. 2987; 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 adjoining land uses and the growth and development of which it is proposed to be located; and the the area in 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 be detrimental of the citizens the granting of the conditional use permit would to the peace, health, safety, and general welfare of the City of Anaheim; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTION 18.06.050.0233 18.06.080 AND 18.61.066 - Minimum number of parking spaces. (8~0 required; 68 proposed) -2- 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 request of the applicant to permit a drive-through restaurant on the hereinabove described property 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-S24. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of April, 1988. MAYO F~FH~ ~IT~Y F ANAHEIM ATTEST: LERK OF JLW/jd 2407L 041488 THE CITY OF ANAHEIM -3- CLERK 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. 88R-155 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of April, 198U, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None A_BSE[~T: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. $8R-155 on the 18th day of April, 1988. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of April, 1988. CiTY CLEPd( OF THE CiTY OF ~%NA~E±M I, i~EONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that tl~e foregoing is the original of Resolution No. 88R-155 duly passed and adopted by the Anaheim City Council on April 1Z, 198U. CiTY CLERK 0~' THE CITY