86R-225
RESOLUTION NO. 86R-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2777.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from BURNETT-EHLINE PROPERTIES, 2050 South Santa Cruz, '100,
Anaheim, California 92805, ATTN: C.L. BURNETT & BENTALL
PROPERTIES, 2050 South Santa Cruz, '100, Anaheim, California
92805, owner, and HARTY & HARTY, 14 Mountain View, Irvine,
California 92705, agent on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
as:
PARCEL A:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
3, PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL B:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF
LOT 2 IN TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY
LINE OF THE LAND DESCRIBED IN DEED TO THE CITY OF
ANAHEIM, RECORDED AUGUST 3, 1962 IN BOOK 6201, PAGE
437 OF OFFICIAL RECORDS, WITH A LINE THAT IS PARALLEL
WITH AND DISTANT SOUTHERLY 180.00 FEET FROM THE
SOUTHERLY LINE OF LOT 3 OF SAID TRACT NO. 71 AND THE
WESTERLY PROLONGATION THEREOF, SAID POINT OF
INTERSECTION ALSO BEING A POINT IN A NON-TANGENT CURVE
IN SAID EASTERLY LINE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 1147.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 84 degrees 15' 18" WEST; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
o DEGREES 44' 57" AN ARC DISTANCE OF 15.00 FEET;
THENCE NORTH 70 DEGREES 10' 56" EAST 44.02 FEET TO A
POINT IN SAID PARALLEL LINE, SAID POINT BEING NORTH 89
DEGREES SO' 00" EAST 40.00 EAST 40.00 FEET FROM THE
POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 59' 00"
SECONDS WEST ALONG SAID PARALLEL LINE 40.00 FEET 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
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. PC86-80 granting
Conditional Use Permit No. 2777; 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
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:
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; and
WHEREAS, the City Council does further find and
determine with regard to the requested waiver(s) of Anaheim
Municipal Code requirements, other than the requested waiver of
off-street parking requirements, as follows:
1. That there are no special circumstances applicable to
the property which do not apply to other property in the same
vicinity and zone; and
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone.
-2-
WHEREAS, the City Council does further find, after
careful consideration of the action of the Planning Commission
and all evidence and reports offered at said public hearing
before the City Council regarding said requested off-street
parking requirement waiver, that all of the conditions set forth
in Section 18.06.080 of the Anaheim Municipal Code are not
present, and that said waiver should be denied, for the following
reasons:
1. That the variance will cause an increase in traffic
congestion in the immediate vicinity and adversely affect
adjoining land uses; and
2. That the granting of the variance will be detrimental
to the peace, health, safety or 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 granting said conditional use permit with a waiver of
certain provisions of the Anaheim Municipal Code be, and the same
is hereby, reversed for the reasons hereinabove specified, and
that the request of BURNETT-EHLINE PROPERTIES, 2050 South Santa
Cruz, 1100, Anaheim, California 92805, ATTN: C.L. BURNETT &
BENTALL PROPERTIES, 2050 South Santa Cruz, '100, Anaheim,
California 92805, owner, and HARTY & HARTY, 14 Mountain View,
Irvine, California 92705, agent, be, and the same is hereby,
denied.
BE IT FURTHER RESOLVED that the time within wh-ich
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 27t day of May, 1986.
MAYO
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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070986
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R -225 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of May, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt and Pickier
NOES: COUNCIL MEMBERS: Bay and Roth
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R -225 on the 27th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of May, 1986.
\ X! 11 01 111 141A. S :;141
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R -225 duly passed and
adopted by the Anaheim City Council on May 27, 1986.
CITY CLERK