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2005-013 RESOLUTION NO. 2005-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ACCESS POINTS STUDY (APPROXIMATELY 1200 FEET WEST OF FESTIVAL DRIVE) WHEREAS, the City of Anaheim has heretofore adopted the Santa Ana Canyon Access Points Study (the "Study"), including Exhibit No.7 thereof, designating certain approved limited access points along Santa Ana Canyon Road as a logical and reasonable method of providing safe and reasonable access to certain properties abutting Santa Ana Canyon Road at such time as said properties were to be developed for uses more intensive than those existing at the time said Study was adopted; and WHEREAS, said Study is used in conjunction with the acquisition and/or vacation of abutters' rights of access to Santa Ana Canyon Road in connection with the approval of development of said abutting properties; and WHEREAS, the owner of a certain irregularly-shaped parcel of land consisting of 29 acres with a frontage of 1,413 feet on the south side of Santa Ana Canyon Road, a maximum depth of 1,125 feet, and located 1000 feet west of the centerline of Festival Drive in the City of Anaheim (the "property"), has heretofore requested that the City consider and approve a revision to Exhibit No. 7 of said Study to allow access to and from Santa Ana Canyon Road at a point approximately 1200 feet west of the centerline of Festival Drive (the "Additional Access Point") in conjunction with a proposed wedding chapel and banquet facility proposed to be built and operated on the property; and the owner has concurrently applied for, and is required to obtain approval of, a conditional use permit and waiver of certain code requirements to authorize such use ("CUP No. 2001-04431 "); and WHEREAS, the City Planning Commission has heretofore held a duly noticed public hearing upon said request for the Additional Access Point in conjunction with the application for CUP No. 2001-04431, and has heretofore adopted its Resolution No. PC2004-138 conditionally approving, in part, said CUP N. 2001-04431, and has adopted its Resolution No. PC2004-139 recommending to the City Council the approval of the requested revision to Exhibit No.7 of the Study; and WHEREAS, pursuant to the recommendation of the City Planning Commission concerning the proposed Additional Access Point, and following an appeal of the decision of the City Planning Commission by the applicant concerning the approval, in part, of CUP No. 2001-04431 relating to the conditions attached thereto, the City Council did hold a duly noticed de novo public hearing upon both requests on January 25,2005, which hearing was continued to February 8, 2005, and at which hearing the City Council did receive and consider oral testimony and written evidence relating thereto; and WHEREAS, the City Council, after due consideration of all testimony and evidence, determines that said proposed revision to Exhibit No. 7 of the Study to permit said Additional Access Point should be denied for each of the following separate reasons: 1 1. The applicant has failed to demonstrate that the proposed revision of Exhibit No.7 to permit an additional access point to Santa Ana Canyon Road is reasonably necessary for the proposed property because the project could be redesigned to provide reasonable access to the property to the east or the west without the need for the proposed Additional Access Point on Santa Ana Canyon Road; and 2. The application of the owner for a conditional use permit to authorize the proposed wedding chapel and banquet for facility has concurrently herewith been denied and, therefore, such Additional Access Point is not necessary in conjunction with such project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the application of the owner of the hereinabove described property to authorize an amendment to Exhibit No.7 of the Santa Ana Canyon Access Points Study to permit the Additional Access Point be, and the same is hereby, denied. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of February , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Hembers Chavez, Hernandez, Sidhu, Galloway NOES: None ABSENT: None ABSTAIN: None By MAYOR OFT OF ANAHEIM 57213.1 2