Loading...
87-407RESOLUTION NO. 87R-407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2934. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from RUBY G. DELEGADO, 102 Eucalyptus Drive, Anaheim, CA 92807, owner)and FRIENDS OF LUBAVITCH OF ORANGE COUNTY, 512 S. Brookhurst St., Anaheim, CA 92804, ATTN: MOSHE SHUR, agent,for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 18, TRACT NO. 117, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF PARCEL 1, THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 19, 1951 IN BOOK 2265, PAGE 498 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER WITH THE NORTHEASTERLY LINE OF SAID LOT 18; THENCE SOUTH 55© 40' 00" EAST 166.36 FEET ALONG SAID NORTHEASTERLY LINE TO AN INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO H. J. THOMAS, JR. AND WIFE, RECORDED FEBRUARY 25, 1970, IN BOOK 9223, PAGE 544 OF SAID OFFICIAL RECORDS: THENCE SOUTH 46© 31' 30" WEST 234.81 FEET ALONG SAID NORTHEASTERLY EXTENSION, ALONG SAID NORTHWESTERLY LINE AND THE SOUTHWESTERLY EXTENSION THEREOF TO THE SOUTHWESTERLY LINE OF SAID LOT 18; THENCE NORTH 50© 33' 00" WEST 67.43 FEET ALONG SAID SOUTHWESTERLY LINE TO THE MOST SOUTHERLY CORNER OF PARCEL 2 DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2, NORTH 30° 24' 35" WEST 56.76 FEET AND NORTH 53© 27' 35" WEST 5.96 FEET TO SAID SOUTHEREASTERLY LINE OF PARCEL 1; THENCE NORTH 36© 32' 35" EAST 199.20 FEET ALONG THE SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. RESERVING THEREFROM AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTHEASTERLY 20.00 FEET. ALSO RESERVING THEREFROM AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTHWESTERLY 30.00 FEET; 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. PC87-152 denying Conditional Use Permit No. 2934; 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- ing 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 ali 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 the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request of said applicant to permit a synagogue with classrooms and child care for a maximum of twenty-five (25) children 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of September, 1987. MAYOR O~THE CIT~Y F ANAHEIM ATTEST: THE CITY OF ANAHEIM CITY CLERK 0 /jb 2071L 110287 CLERK STATE OF CALIFOR2qIA ) COUNTY OF OP~GE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-407 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of September, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND i FURTHEK certify that the Mayor of the City of Anaheim signed said Resolution No. 87R- 407 on the 29th day of September, 1987. IN WITNESS ~RtEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of September, 1987. CITY CLERK OF THE CITY OF ANAJiEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify tbmt the foregoing is the original of Resolution No. 87~-0~uly passed and adopted by the Anaheim City Council on September 29, 1987. CITY CI~ERK OF THE CITY OF ANA}iEIM