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83R-421 RESOLUTION NO. 83R-421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO . 24 7 5 . WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from NORBERT A. WATE~S and RUTH M. WATERS, owners, to permit an 80-unit motel and cocktail lounge 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: PARCEL 1: THAT PORTION OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCEL- LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED "NORTH 89 DEG. 02' 32" WEST 175.00 FEET IN THE BOUNDARY OF PARCEL 3 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 114537, A CERTI- FIED COpy OF WHICH WAS RECORDED JUNE 3, 1964 IN BOOK 7073, PAGE 214 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY: THENCE ALONG THE EASTERLY PROLONGATION OF SAID COURSE SOUTH 89 DEG. 02' 32" EAST 318.48 FEET TO A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET: THBNCE NORTHERLY ALONG SAID CURVE, FROM A TANGENT WHICH BBARS NORTH 0 DEG. 57' 28" EAST THROUGH A CENTRAL ANGLE OF 40 DEG. 56' 43" AN ARC LENGTH OF 214.39 FEET TO A POINT IN THAT COURSE DESCRIBED AS "SOUTH 52 DEG. 13' 12" WEST 24.19 FEET" IN THE BOUNDARY OF SAID PARCEL 3, DISTANT THEREON NORTH 52 DEG. 13' 12" EAST 2.55 FEET FROM ITS SOUTHWESTERLY TERMINUS: THENCE ALONG LAST SAID BOUNDARY THE FOLLOWING COURSES: SOUTH 52 DEG. 13' 12" WEST 2.55 FEET, SOUTH 53 DEG. 20' 07" WEST 258.88 FEET AND SOUTH 79 DEG. 38' 53" WEST 188.66 FEET TO THE POINT OF BEGINNING: and -"< .."-.-....c._.,~.___.." . '-....- 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code: and WHEREAS, said Commission, after due inspection, investi- gation 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. PC83-162 granting, in part, Conditional Use Permit No. 2475: 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 con- sideration 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 pres- ent for the following reasons: 1. That the proposed use is properly one for which a condi- tional use permit is authorized by the Anaheim Municipal Code, or is not listed thereon as a permitted use: and 2. That the proposed use will adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located: and 3. 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 4. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area: and 5. 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: and -2- ,.~ 'J......_,...__,"'......""_..,""<~ WHEREAS, said application requests waivers of the fol- lowing provisions of the Anaheim Municipal Code: SECTION 18.04.042.080 Minimum structural setback. (10 feet required from a free- way right-of-way: 3 feet pro- posed. SECTION 18.44.062.011 Maximum structural height. SECTION 18.05.093.023 Permitted location of free- standing signs. (120 feet from west property line per- mitted: 20 feet proposed. SECTIONS 18.04.043.102 AND 18.44.064 Maximum fence height. (6 feet permitted: 9 feet 2 inches pro- posed) . WHEREAS, the City Council does find, after careful con- sideration of the action of the Planning Commission and all evi- dence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the condi- tions 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 there are no special circumstances applicable to the property, including size, shape, topography, location or sur- roundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That strict application of the zoning code does not deprive 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 the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby, reversed for the reasons hereinabove speci- fied, and that the request of the applicants to permit an SO-unit motel and cocktail lounge on the hereinabove described real prop- erty with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the aforesaid decision must be sought is governed by the provi- sions of Section 1094.6 of the Code of Civil Procedure. -3- .^'.-"""""........-. 'I "-'- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of October, 1983. ATTEST: cX'.f~ -,..J)~ CITY ~LERK OF THE . I Y OF ANAHEIM JLW: fm 1731M 11/17/83 "">~"--"~""'--""~,,-"<- _4_ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-421 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of October, 1983, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-421 on the 25th day of October, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of October, 1983. ~~ CITY CLE OF THE ITY AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-42l duly passed and adopted by the Anaheim City Council on October 25, 1983. CX' L -,,j)~ CITY CL -