83R-071
RESOLUTION NO. 83R-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2404.
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WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from EAST ANAHEIM SHOPPING CENTER ASSOCIATES, owner, and MARIE TU
THI NGUYEN AND WILLIAM D. RUNNEALS, agents, to permit a
physio-therapy massage facility on that certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51
PAGE 10 MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECION OF THE EAST LINE OF THE
WEST 362.00 FEET OF SAID NORTHWEST QUARTER WITH THE
CENTER LINE OF ANAHEIM-OLIVE ROAD AS DESCRIBED IN DEED
RECORDED IN BOOK 275 PAGE 85 OF DEEDS, RECORDS OF SAID
COUNTY; THENCE ALONG SAID CENTER LINE SOUTH 780 521
26ft EAST 977.12 FEET TO THE EAST LINE OF SAID
NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH
00 101 46ft WEST 731.16 FEET TO THE SOUTHEAST CORNER OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID
NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID
NORTH HALF SOUTH 890 521 48ft WEST 660.81 FEET TO THE
SOUTHWEST CORNER OF SAID NORTH HALF; THENCE ALONG THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID NORTHWEST QUARTER SOUTH 890 521 51ft WEST
298.81 FEET TO THE EAST LINE OF THE WEST 362.00 FEET
OF SAID NORTHWEST QUARTER; THENCE ALONG SAID LAST
MENTIONED EAST LINE NORTH 00 III 45ft EAST 90.12 FEET;
THENCE NORTH 890 481 15ft WEST 9.22 FEET; THENCE NORTH
00 101 17ft WEST 120.95 FEET THENCE SOUTH 890 481 15ft
EAST 9.99 FEET TO THE EAST LINE OF THE WEST 362.00
FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID LAST
MENTIONED EAST LINE NORTH 00 III 45ft EAST 710.64 FEET
TO THE POINT OF BEGINNING.
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EXCEPT:
BEGINNING AT THE INTERSECTION OF SAID CENTER LINE OF
ANAHEIM-OLIVE ROAD WITH A LINE PARALLEL WITH AND
DISTANT WESTERLY 200.00 FEET MEASURED AT RIGHT ANGLES
FROM THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE
ALONG SAID PARALLEL LINE SOUTH 0 DEG 101 46" WEST
295.93 FEET; THENCE SOUTH 89 DEG 491 14ft EAST 200.00
FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID EAST LINE NORTH 00 101 46" EAST
246.26 FEET TO THE CENTER LINE OF SAID ANAHEIM-OLIVE
ROAD; THENCE ALONG SAID CENTER LINE NORTH 780 521 26"
WEST 203.71 FBET 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 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,
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. PC83-11, denying
Conditional Use Permit No. 2404; 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 p~rsons 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:
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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
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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 dettimental to the particular area nor to the
peace, health, safety, and general welfare; and
3. That the ~ranting 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 Conditional Use Permit No. 2404 be, and the
same is hereby, affirmed for the reasons hereinabove specified,
and that the request of said owner and agents to permit a
physio-therapy massage facility on the hereinabove described real
property be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that notice is hereby given to
the applicant that the time within which judicial review of the
aforesaid decision ,must be sought is governed by the provisions of
Section 1094.6 of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of February,
1983.
ATTEST:
r-:<. J..j ~.~
CITY' CLERK OF THE .. TY OF ANAHEIM
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0739M
3-11-83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
It LINDA D. ROBERTSt City C~erk of the City of Anaheimt do hereby certify that
the foregoing Resolution No.. 83R-7l was introduced and adopted at a regular
meeting provided by lawt of ithe City Council of the City of Anaheim held on
the 22nd day of FebruarYt 1983t by the following vote of the members thereof:
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AYES: COUNCIL MEMBERS: ~aywoodt Picklert Overholtt Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: ~one
AND I FURTHER certify that ~he Mayor of the City of Anaheim signed said
Resolution No. 83R-7l on th~ 22nd day of FebruarYt 1983.
IN WITNESS WHEREOF, I have qereunto set my hand and affixed the seal of the
City of Anaheim this 22nd d~y of FebruarYt 1983.
~~EIM
(SEAL)
It LINDA D. ROBERTSt City C~erk of the City of Anaheimt do hereby certify that
the foregoing is the original of Resolution No. 83R-7l duly passed and adopted
by the Anaheim City Council on February 22t 1983.
~t1,-l~
~ CITY CLERK
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