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99-049RESOLUTION N0.99R-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT N0. 4080. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a service station and convenience market with retail sales of beer and wine for off-premises consumption and an integrated fast food restaurant with a drive-through lane, and with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections.18.05.064.055 and 18.44.067 - Permitted types of sians. (b) Sections 18.05.093.090 and 18.44.067 (c) Sections 18.06.050.0225 18.06.050.0233 and 18.44.066.050 - Minimum distance between freestanding sians. (300 feet required; 160 feet proposed) - Minimum number of parkinq spaces. (d) Section 18.87.030.072 - Minimum landscape setback adjacent to an interior boundary line. The use is proposed to be located on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108 PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 28' 11" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEET: THENCE SOUTH 15° 31' 49" EAST 185.16 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 25 TO THE SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO HERMAN HENRY BRUNS AND WIFE, RECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE 12, OFFICIAL RECORDS; THENCE SOUTH 74° 28" 11" WEST 320.00 FEET ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 25; THENCE NORTH 15° 31' 49" WEST 185.16 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT N0. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY. SAID LANE IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 54 PAGE 22, RECORDS OF SURVEX. PARCEL 2: THE NORTHERLY 70.00 FEET OF THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMLET, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID CORNER BEING ALSO THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET WITH THE SOUTH LINE OF SECTION 15, TOWNSHIP 9 SOUTH RANGE 10 WEST, AS SHOWN ON SAID MAP OF ANAHEIM EXTENSION: THENCE ALONG THE WESTERLY LINE OF SAID LOT 25 CENTER LINE OF LOS ANGELES STREET) 15° 30' 00" WEST 417,85 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO HERMAN HENRY BRUNS AND EDNA EMMA BRUNS, BY DEED RECORDED NOVEMBER 18, 1935 IN BOOK 792. PAGE 12 OF OFFICIAL RECORDS: THENCE ALONG SAID SOUTHERLY LINE NORTH 74° 30' 00" EAST 512.43 FEET; THENCE SOUTH 0° 03' 00" EAST 539.27 FEET TO THE SOUTHERLY LINE OF SAID SECTION 15: THENCE SOUTH 89° 57' 00" WEST TOT HE POINT OF BEGINNING. EXCEPT THE WESTERLY 300.00 FEET THEREOF. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 54, PAGE 22 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF - 2 - SAID COUNTY. PARCEL 3: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF LOS ANGELES STREET, NORTH 15° 32' 15" WEST 160.35 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF BALL ROAD, SAID CENTER LINES BEING CONSTRUED TO BE LOT LINES FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING NORTH 15° 32' 15" WEST 257.50 FEET THENCE NORTH 74° 27' 45" EAST 300.00 FEET; THENCE PARALLEL WITH SAID LOS ANGELES STREET, SOUTH 5° 32'15" EAST TOT HE SAID CENTERLINE OF BALL ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO BERTHAN L. PELLAK. ET UX., RECORDED JUNE 29, 1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS: THENCE NORTH 15° 32' 15" WEST 237.40 FEET ALONG THE SAID NORTHEASTERLY LINE AND ITS PROLONGATION TOT HE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION RECORDED DECEMBER 3, 1959-IN BOOK 4997 PAGE 576, OFFICIAL RECORDS: THENCE SOUTH 74° 27' 95" WEST 278.$6 FEET TOT HE POINT OF BEGINNING. EXCEPT THEREFROM THE DEED TO THE JUNE 15, 1995 AS OFFICIAL RECORDS EXCEPT THEREFROM THE DEED TO THE JUNE 15, 1995 AS OFFICIAL RECORDS THAT PORTION AS CITY OF ANAHEIM, INSTRUMENT N0. OF SAID COUNTY. THAT PORTION AS CITY OF ANAHEIM, INSTRUMENT N0. OF SAID COUNTY. DESCRIBED IN RECORDED ON 95-0254772 OF DESCRIBED IN RECORDED ON 95-0254773 OF ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID BALL ROAD 60.00 FEET WIDE. ALSO EXCEPT ALL WATER AND UNDER SAID LAND. - 3 - SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS OF SURVEY. PARCEL 4: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMLET AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN BOOK 3, PAGE 163, ET SEQ., ENTITLED LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25 (WHICH FOR THE PURPOSES OF THIS DESCRIPTION, IS CONSTRUED TO BE THE CENTERLINE INTERSECTION OF LOS ANGELES STREET (NOW KNOWN AS ANAHEIM BLVD. AND BALL ROAD); THENCE NORTH 15° 32' 15" WEST ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 153.86 FEET; THENCE EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 25, A DISTANCE OF 170.00 FEET; THENCE SOUTH 15° 32'15" EAST ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 25, A DISTANCE OF 153.86 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 25, TO THE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE DEED TO THE JUNE 15, 1995 AS OFFICIAL RECORDS EXCEPT THEREFROM THE DEED TO THE JUNE 15, 1995 AS OFFICIAL RECORDS THAT PORTION AS CITY OF ANAHEIM, INSTRUMENT NO. OF SAID COUNTY. THAT PORTION AS CITY OF ANAHEIM, INSTRUMENT N0. OF SAID COUNTY. DESCRIBED IN RECORDED ON 95-0254772 OF DESCRIBED IN RECORDED ON 95-0254773 OF ALSO EXCEPT THE SOUTH 30 FEET THEREOF. PARCEL 5: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN BOOK - 4 - 3, PAGES 163, ET SEQ. ENTITLED ~~LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25, SAID CORNER FOR THE PURPOSE OF THIS DESCRIPTION BEING CONSIDERED TO BE THE INTERSECTIONS OF THE CENTERLINE OF LOS ANGELES STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15° 32'15" WEST, ALONG THE CENTERLINE OF SAID LOS ANGELES STREET, 160.35 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE SOUTH 15° 32' 15" EAST 6.49 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL WITH SAID CENTERLINE OF BALL ROAD, 170.00 FEET TO THE WESTERLY LINE OF THE LAND CONVEYED TO BERTRAM L. POLLACK AND WIFE BY DEED RECORDED JUNE 29, 1956 BOOK 3562 PAGE 216, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 15° 32' 15" WEST ALONG SAID WESTERLY LINE, 25.95 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 74°27" 45" EAST ALONG THE NORTHERLY LINE OF SAID LAND. 115.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 15° 32' 15" WEST ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LAND. 25.79 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 74° 27' 45" WEST FROM THE TRUE TO THE POINT OF BEGINNING; THENCE SOUTH 74° 32' 45" WEST 278.86 FEET TO THE TRUE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT N0. 95-0254772 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 6: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF MADE BY WILLIAM HAMEL AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT THEREON 170.00 FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, - 5 - NOW KNOWN AS BALL ROAD, ADJOINING SAID LOT ON THE SOUTH, WITH THE CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS LOS ANGELES STREET, ADJOINING SAID LOT ON THE WEST AND RUNNING THENCE NORTH 15° 32' 15" WEST, PARALLEL WITH SAID WEST LINE, L179.81 FEET; THENCE NORTH 74° 27' 45" EAST 115.00 FEET; THENCE SOUTH 15° 32' 15" EAST 211.6 FEET TO THE CENTERLINE ~F SAID BALL ROAD: THENCE WESTERLY ALONG SAID CENTERLINE, 119.32 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT N0. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHERLY 50.00 FEET LYING WITHIN BALL ROAD; 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. PC99-16 granting, in part, Conditional Use Permit No. 4080; and WHEREAS, thereafter, within the time prescribed by law, 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 because: - 6 - (a) the proposed site is located at the northeast corner of Anaheim Boulevard and Ball Road which is within the Commercial/Industrial (South Anaheim Boulevard) Redevelopment Project Area; (b) the proposed uses are not consistant with the goals of the Redevelopment Plan in that the site and the adjoining properties are intended for high quality retail commercial and technology uses; and (c) the proposed uses would impede the planned transition of the properties in the area to uses which will generate greater sales taxes to the City and/or greater real property tax increment to the Anaheim Redevelopment Agency; and 2. That the granting of the conditional use permit would be detrimental to the peace, health, safety, or general welfare of the citizens of the City of Anaheim, for the reasons set forth in paragraph 1 above; and WHEREAS, said application requests waivers of the hereinabove described provisions of the Anaheim Municipal Code; and WHEREAS, the City Council does 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 waivers, that all of the conditions 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. The applicant has heretofore deleted waivers (a), (c) and (d) from the proposed project. 2. That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity relating to waiver (b) because the property does not materially differ from other properties in the same vicinity and zone with regard to the regulations relating to freestanding signs in that many other properties in the area are not of sufficient size to permit multiple freestanding signs. 3. 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 for the reasons set forth in subparagraph 2 immediately above. - 7 - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request to permit on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code 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 16th day of March, 1999. MAYOR OF THE CITY OF AN EIM ATTEST: CITY CLERK 0 THE CITY OF ANAHEIM 29980.1 - 8 - 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. 99R-49 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of March 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-49 on the 16th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of March, 1999. 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. 99R-49 was duly passed and adopted by the City Council of the City of Anaheim on March 16th 1999. CITY CLERK OF THE CITY OF ANAHEIM