99-109RESOLUTION NO. 99R- 109
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT N0. 4080
(REHEARING).
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 signs.
(b) Sections 18.05.093.040
and 18.44.067
(c) Sections 18.06.050.0225
18.06.050.0233
and 18.44.066.050
(d) Section 18.87.030.072
The use is proposed to be located
situated in the City of Anaheim,
California, described as:
- Minimum distance between
freestanding signs.
(300 feet required; 160
feet proposed)
- Minimum number of parking
spaces.
- Minimum landscape setback
adjacent to an interior
boundary line.
on certain real property
County of Orange, State 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 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 N0.
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
SURVEY.
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 4 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
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SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF
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' 45" WEST 278.86 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.
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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 THAT PORTION AS DESCRIBED IN
THE DEED TO THE CITY OF ANAHEIM, RECORDED ON
JUNE 15, 1995 AS INSTRUMENT NO. 95-0254772 OF
OFFICIAL RECORDS OF SAID COUNTY.
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.
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
THE DEED TO THE
JUNE 15, 1995 AS
OFFICIAL RECORDS
PARCEL 6:
THAT PORTION AS
CITY OF ANAHEIM,
INSTRUMENT NO.
OF SAID COUNTY.
DESCRIBED IN
RECORDED ON
95-0254772 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 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 OF
SAID BALL ROAD: THENCE WESTERLY ALONG SAID
CENTERLINE, 119.32 FEET TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THAT PORTION AS
THE DEED TO THE CITY OF ANAHEIM,
JUNE 15, 1995 AS INSTRUMENT N0.
OFFICIAL RECORDS OF SAID COUNTY.
DESCRIBED IN
RECORDED ON
95-0254773 OF
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, on March 16, 1999, the City Council did adopt
its Resolution No. 99R-49 denying Conditional Use Permit No. 4080
and making certain findings and determinations in connection
therewith; and
WHEREAS, thereafter, within the time provided by law,
the applicant filed an application for a rehearing by the City
Council based upon certain grounds as specified in said
application; and
- 6 -
WHEREAS, on May 18, 1999, the City Council did consider
and did grant the petitioner's application for a rehearing and
scheduled said rehearing for June 8, 1999; and
WHEREAS, at the time and place fixed for said rehearing,
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 petitioner has withdrawn the portion of its
application seeking approval of a service station and convenience
market with retail sales of beer and wine for off-premises
consumption, and has limited its application to an integrated fast
food restaurant with a drive-through lane with no requested
waivers from the Anaheim Municipal Code; 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:
(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
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 a fast food restaurant within drive
- 7 -
through lane on the hereinabove described real property 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 8th day of June, 1999.
~~
MAYOR OF THE CITY OF AHEIM
ATTEST:
~.
CITY CLERK OF THE CITY OF AN HEIM
29980.2
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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-109 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 8th day of June, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: Kring
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-109 on the 8th day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of June, 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-109 was duly passed and adopted by the City Council of the
City of Anaheim on June 8th, 1999.
ate-- -
CITY CLERK OF THE CITY OF ANAHEIM