Loading...
88-363RESOLUTION NO. 88R-363 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3037. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LEO FREEDMAN, 468 S. Roxbury Drive, Penthouse, Beverly Hills, California 90212, owner, and GROUND SYSTEMS INC./PINETREE, 201 E. Broadway, Suite 35, California 92805, agent, to permit a transportation terminal on certain real property situated in the City of Anaheim, County of Orange, State of California, described PARCEL 1: BEGINNING AT A POINT ON THE EASTERLY LINE OF HARBOR BOULEVARD 120.00 FEET WIDE AND 60.00 FEET SOUTH OF THE NORTHERLY LINE OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESIGNATED BY A STAKE MARKED "A", 675 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 645 FEET ALONG THE EAST LINE OF SAID SECTION 22, TO A POINT DESIGNATED BY A STAKE MARKED "B" AT THE JUNCTION OF THE EAST LINE OF SAID SECTION 22, WITH THE SOUTH LINE OF LAND FORMERLY OWNED BY H.D. POLHEMUS; THENCE WEST 2640 FEET PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, AND AT A UNIFORM DISTANCE THEREFROM OF 1320 FEET TO A POINT DESIGNATED BY A STAKE MARKED "C"; THENCE SOUTH 645 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION 22 AND AT A UNIFORM DISTANCE THEREFROM OF 2640 FEET TO A POINT DESIGNATED BY A STAKE MARKED "D", 675 FEET DISTANT FROM THE NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE EAST 2640 FEET PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22 AND AT A UNIFORM DISTANCE THEREFROM OF 675 FEET TO THE POINT OF BEGINNING. CONTINUING SAID DESCRIPTION SOUTH 0 DEGREES 13' 22" EAST 15.03 FEET ALONG THE EASTERLY LINE OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89 DEGREES 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0 DEGREES 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89 DEGREES 54' 30" EAST 38.66 FEET; THENCE NORTH 0 DEGREES 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHERLY 60.00 FEET OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE SOUTH LINE OF SAID NORTHERLY 60.00 FEET SOUTH 89 DgGREES 54' 30" WEST 134.97 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET, THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80 DEGREES 07' 52" A LENGTH OF 23.60 FE~T TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; 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. PC88-203 granting Conditional Use Permit No. 3037; 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- lng 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 ail evidence and reports offered at said public hearing before the City Council, that ail 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 use iS use in peace, That the size and shape of the site proposed for the not adequate to allow the full development of the proposed a manner not detrimental to the particular area nor to the 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 for the reasons hereinabove specified, the request of said applicant to permit a transportation terminal on the hereinabove described real property and said conditional use permit application be, and the same are hereby, denied. -2- 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. THE FOREGOING RESOLUTION City Council 1988. is approved and adopted by the of the City of Anaheim this 20th day of September, MAYOR OF THE ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2747L 092188 -3- ELE~dl STARE OF CALIFOrnIA ) COUNTY OF OR'GE ) ss. CITY OF ~qAHEIM ) i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-363 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of September, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: ilaywood tM~D i FURTHER CERTIFY that the Mayor of the City of ~naheim signed said Kesolution No. 88R-363 on the 28th day of September, 1988. IN WITNESS WHEFOEOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September, 1988. CITY CLERJi OF THE CiTY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-363 duly passed and adopted by the Anaheim City Council on September 20, 1988. CITY CLERK OF THE CITY OF ANAHEIM