Loading...
90-399 RESOLUTION NO. 90R-399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3324. 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 to permit a self-storage facility with manager's unit on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THOSE PORTIONS OF LOTS i AND 8 OF THE HELEN AND LYNCH'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, AND THOSE PORTIONS OF LOTS 46 AND 47 OF ANAHEIM EXTENSION, AS PER MAP OF SURVEY MADE BY WILLIAM HAMEL FILED IN SAID OFFICE OF THE COUNTY RECORDER OF "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LOCATED PARTLY IN THE CITY OF ANAHEIM, AND ALL IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE RAILROAD BETWEEN LOS NIETOS STATION AND THE TOWN OF ANAHEIM, WITH THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO ARTHUR ALEXANDER NEIMANN, RECORDED MARCH 15, 1872 IN BOOK 24, PAGE 396 OF DEEDS OF SAID LOS ANGELES COUNTY, (SAID WESTERLY LINE BEING SHOWN AS STATION 1079-40 ON MAP NO. V-12/6 OF THE SOUTHERN PACIFIC RAILROAD COMPANY); THENCE SOUTHERLY 476.00 FEET ALONG SAID WESTERLY LINE TO A LINE PARALLEL WITH AND SOUTHWESTERLY 400.00 FEET FROM SAID CENTER LINE; THENCE SOUTHEASTERLY 2340.00 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF WALNUT STREET, AS SHOWN ON SAID MAP BY WILLIAM HAMEL); THENCE NORTHERLY 595.00 FEET ALONG SAID CENTERLINE OF WALNUT STREET TO A LINE PARALLEL WITH AND 100.00 FEET NORTHEASTERLY FROM THE SAID CENTERLINE OF THE RAILROAD; THENCE NORTHWESTERLY 2340.00 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF BROADWAY STREET, IN SAID TOWN OF ANAHEIM, WITH THE SOUTHWESTERLY LINE OF THE STATION GROUNDS, OR RESERVATION, AND RUNNING THENCE EAST ALONG THE SOUTH LINE OF BROADWAY STREET, PRODUCED EASTERLY, 146 FEET; THENCE AT SOUTHWESTERLY LINE NORTH 57° 4' WEST 175.3 FEET TO THE PLACE OF BEGINNING, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.M. ALSO EXCEPT COMMENCING AT THE INTERSECTION OF THE WEST LINE OF WALNUT STREET WITH THE SOUTHERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S STATION GROUNDS AT WEST ANAHEIM; THENCE NORTHERLY ALONG SAID WEST LINE OF WALNUT STREET, 597.7 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S STATION GROUNDS; THENCE NORTH 57° 4' WEST ALONG SAID LINE TO A POINT DISTANT 5.25 FEET AT RIGHT ANGLES FROM WEST LINE OF WALNUT STREET; THENCE SOUTHERLY 595.7 FEET, MORE OR LESS, ON A LINE PARALLEL TO AND DISTANT 5.25 FEET AT RIGHT ANGLES WESTERLY FROM THE WEST LINE OF WALNUT STREET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S STATION GROUNDS; THENCE SOUTH 57° 4' EAST ALONG SAID LINE TO THE POINT OF BEGINNING, AS GRANTED TO THE CITY OF ANAHEIM FOR WIDENING OF WALNUT STREET, BY DEED RECORDED IN BOOK 178, PAGE 138 OF DEEDS. ALSO EXCEPT ALL THAT TRIANGULAR PIECE OR PARCEL OF LAND SITUATE, LYING, AND BEING IN LOT 1 OF THE HELEN AND LYNCH ADDITION, AS SHOWN ON A MAP RECORDED JUNE 12, 1888 IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID LOT 1 BEING THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH,RANGE 10 WEST, S.B.M., WHICH TRIANGULAR SHAPED PIECE OR PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF LINCOLN AVENUE WITH THE WESTERLY BOUNDARY LINE OF THE CITY OF ANAHEIM, SAID BOUNDARY LINE IS ALSO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY FROM SAID CONCRETE MONUMENT ALONG THE CENTERLINE OF LINCOLN AVENUE, SAID CENTERLINE BEING ALSO THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 660.0 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 199.11 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO RUSSELL EVANS BY DEED RECORDED IN BOOK 475, PAGE 157 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID SOUTHWESTERLY CORNER BEING THE TRUE POINT OF BEGINNING OF PARCEL TO BE DESCRIBED; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO RUSSELL EVANS, SAID LINE BEING ALSO THE NORTHEASTERLY LINE OF SAID SOUTHERN PACIFIC RAILROAD COMPANY'S PROPERTY, A DISTANCE OF 33.10 FEET TO A POINT; THENCE SOUTHWESTERLY, AT RIGHT ANGLES, A DISTANCE OF 50.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT it AND THE WESTERLY LINE OF SAID SOUTHERN PACIFICRAILROAD COMPANY'S PROPERTY, SAID POINT BEING DISTANT 50.00 FEET, AT RIGHT ANGLES, FROM THE CENTERLINE OF MAIN TRACK OF SAID SOUTHERN PACIFIC RAILROAD COMPANY'S CONSTRUCTED SANTA ANA BRANCH; THENCE NORTHERLY, ALONG THE SAID WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 59.96 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF SAID LAND LYING SOUTH OF THE CENTERLINE OF SANTA ANA STREET, AS SAID STREET IS SHOWN ON MAP RECORDED IN Book 27, PAGE 23 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPT THAT PORTION OF SAID LAND LYING WITHIN PARCELS 2 AND 3 OF PARCEL MAP NO. 82-249, AS PER MAP FILED IN BOOK 176 PAGES 17 AND 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTION OF MABEL STREET CONVEYED TO WILSON AND HAMPTON PAINTING CONTRACTORS, A CALIFORNIA CORPORATION, BY SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, BY THE DEED RECORDED DECEMBER 20, 1982 AS INSTRUMENT NO. 82- 445774, OFFICIAL RECORDS. A PORTION OF SAID LAND IS SHOWN ON MAP RECORDED IN BOOK 92, PAGE 9 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC90-210 granting Conditional Use Permit No. 3324; 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 hearing, did adopt its Resolution No. PC90-210 granting Conditional Use Permit No. 3324; 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 no evidence was presented to demonstrate that the proposed use will not 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 no evidence was presented to demonstrate that the size and shape of the site proposed for the use is 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 no evidence was presented to demonstrate that the granting of the conditional use permit would not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTIONS 18.06.050.031 - Minimum number of 18.06.050.050 parking spaces. and 18.61.066.050 (176 required; 3~3 proposed) AND 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 waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that the aforesaid waiver(s) should be denied, for the following reasons: 1. That no evidence was presented to demonstrate that the variance(s) will not cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and conditional use permit be, and the same is hereby, denied and that the request of the applicant to permit a self-storage facility with manager's unit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which reheatings 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 6th day of November, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db RCUP3324.179 - 5 - 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. 90R-399 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6 ch day of November, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-399 on the 16th day of November, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of November, 1990. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-399, duly passed and adopted by the Anaheim City Council on November 6th 1990. CITY CLERK OF~TH