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1985-132RESOLUTION NO. 85R-132 A RESOLUTION OF"THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2658. 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 ATLANTIC RICHFIELD COMPANY, owner, and HOME FEDERAL SAVINGS, agent, to permit a freestanding automatic bank teller machine kiosk in conjunction with an existing convenience market with gasoline sales on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY LINE SHOWN ON SAID MAP AS "NORTH 1° 23' 00" EAST 664.08 FEET"; THENCE NORTH 88° 37' 00" WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 1° 23' 00" WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY SOUTH 88° 37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 160.00 FEET; THENCE NORTH 1° 23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 136.37 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE 90.00 FEET WIDE, AS SHOWN ON SAID MAP, SAID SOUTHERLY RIGHT OF WAY LINE AT SAID POINT BEING THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,355.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 9° 55' 05" EAST; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE, THROUGH A CENTRAL ANGLE OF 5° 57' 02" AN ARC DISTANCE OF 140.73 FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY; THENCE SOUTH 1° 23' 00" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 14.24 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE SOUTHERLY HALF OF LA PALMA AVENUE ADJOINING SAID LAND ON THE NORTH, AS SAID AVENUE IS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED MAY 19, 1970 IN BOOK 9293 PAGE 261 OFFICIAL RECORDS. PARCEL B: THAT PORTION OF THE RANCHO CANYON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AND AN ARC LENGTH OF 445.24 FEET, IN THE SOUTHERLY LINE OF THE STRIP OF LAND, 90 FEET WIDE, AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE, »~ RECORDED MAY 19, 1970 IN BOOK 9293 PAGE 261, OFFICIAL RECORDS, WITH THE EASTERLY LINE OF THE LAND ACQUIRED BY THE STATE OF CALIFORNIA IN THE DEED RECORDED OCTOBER 14, 1952 IN BOOK 2395, PAGE 522, OFFICIAL RECORDS, AND RUNNING THENCE WESTERLY ALONG THE WESTERLY CONTINUATION OF SAID CURVE FROM THE TANGENT WHICH BEARS NORTH 85° 38' 21" WEST THROUGH AN ANGLE OF 0° 25' 39" AN ARC DISTANCE OF 10.11 FEET; THENCE TANGENT NORTH 86° 04' 00" WEST 0.74 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 22 FEET; THENCE WESTERLY ALONG SAID LAST MENTIONED CURVE THROUGH AN ANGLE OF 24° 24' 18", AN ARC DISTANCE OF 9.37 FEET TO THE NORTHERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS HAVING A LENGTH OF 131 FEET IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID PROLONGATION SOUTH 1° 50' 03" WEST 10.64 FEET TO THE NORTHERLY TERMINUS OF SAID COURSE; THENCE ALONG THE BOUNDARY LINES OF SAID LAND SO ACQUIRED BY THE STATE OF CALIFORNIA, SOUTH 88° 09' 57" EAST 20 FEET AND NORTH 1° 50' 03" EAST 14.24 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. PC85-61 denying Conditional Use Permit No. 2568; 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: -2- 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, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTIONS 18.06.050.022 - 18.06.050.0224 - 18.06.080 AND 18.44.066.050 Minimum number of parking spaces. (16 spaces required; 11 spaces 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 the variance(s) 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(s) 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, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, affirmed and that the request of the applicant to permit a freestanding automatic bank teller machine kiosk in conjunction with an existing convenience market with gasoline sales 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 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day o~f April, 1985. I/' MAYOR OF THE CITY OF ANAHEIM ATTEST: 6 CITY CL RK OF THE CITY OF ANAHEIM JLW : f m 3621M 051785 -4- 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. 85R-132 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on '~`~., the 2nd day of April, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-132 on the 2nd day of April, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of April, 1985. 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. 85R-132 duly passed and adopted by the Anaheim City Council on April 2, 1985. C TY CLERK ,.~,,R