Loading...
92-200 RESOLUTION NO. 92R-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3527. WHEREAS, the city Planning Commission of the city of Anaheim did receive an application for a conditional use permit to permit a two story, 9-unit commercial retail center with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF THE RIGHT OF WAY GRANTED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED OCTOBER 9, 1947, IN BOOK 1536, PAGE 487, OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING 449.01 FEET SOUTH 44° 00' 30" WEST OF A POINT 72.98 FEET NORTH 38° 45' 42" WEST FROM A POINT ON THE CENTERLINE OF SANTA ANA CANYON ROAD DESCRIBED IN DEED RECORDED IN BOOK 171, PAGE 144, OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT ON SAID CENTERLINE BEING 728.55 FEET NORTH 14° 00' 30" EAST FROM A BOLT MARKING THE EASTERN TERMINUS OF A CURVE ON SAID CENTERLINE, SAID CURVE BEING DESIGNATED IN SAID DEED AS HAVING A RADIUS OF 450.00 FEET AND THROUGH A CENTRAL ANGLE OF 37° 02' 45" FROM SAID POINT OF BEGINNING; THENCE NORTH 40° 07' 45" WEST, 1016.38 FEET TO A POINT ON THE NORTH LINE OF SAID RANCHO SANTIAGO DE SANTA ANA; THENCE SOUTH 40° 24' 03" WEST, 69.05 FEET TO STATION NO. 36 S.S.A., SAID STATION BEING MARKED TO BY A CONCRETE MONUMENT; THENCE SOUTH 46° 54' 30" WEST ALONG SAID RANCHO LINE 338.15 FEET TO A POINT 66.00 FEET NORTH 46° 54' 30" EAST FROM A 6 INCH CONCRETE MONUMENT MARKING STATION NO. 37 S.S.A., THENCE SOUTH 28° 49' 30" EAST, 637.82 FEET; THENCE SOUTH 0° 55' 00" WEST, 372.39 FEET TO A POINT ON THE CENTERLINE OF SAID SANTA ANA CANYON ROAD AS DESCRIBED IN THE DEED ABOVE MENTIONED; THENCE NORTH 81° 03' 15" EAST ALONG SAID CENTERLINE 251.00 FEET TO THE BEGINNING OF A CURVE TANGENT CURVE TO THE NORTH WITH A RADIUS OF 450.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 75.16 FEET THROUGH A CENTRAL ANGLE OF 9° 34' 10" TO A POINT ON THE NORTHWESTERLY LINE OF SAID RIGHT OF WAY GRANTED TO THE SANTA ANA VALLEY IRRIGATION COMPANY; THENCE NORTH 26° 49~ 10" EAST, 64.10 FEET TO AN ANGEL POINT ON THE NORTHERLY LINE OF SAID RIGHT OF WAY; THENCE NORTH 44° 00' 40" EAST, 433.52 FEET ALONG SAID NORTHERLY LINE OF SAID RIGHT OF WAY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE SANTA ANA CANYON ROAD, AS DESCRIBED BY DEED RECORDED IN BOOK 1661, PAGES 232 THROUGH 237 INCLUSIVE, OFFICIAL RECORDS OF SAID ORANGE COUNTY. THE ABOVE, WHICH WAS ACQUIRED BY GRANTORS PER A DEED RECORDED AUGUST 4, 1980, IN BOOK 13688, PAGES 1101 THROUGH 1103 INCLUSIVE OF THE RECORDS OF SAID ORANGE COUNTY, AND THE BELOW, WHICH WAS ACQUIRED BY GRANTORS PER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, (RESOLUTION NO. 81R-329) VACATING SAID LAND PER DOCUMENT RECORDED AUGUST 19, 1981, IN BOOK 14187, PAGES 1154 THROUGH 1157, INCLUSIVE, IN THE OFFICIAL RECORDS OF SAID ORANGE COUNTY. THAT PORTION OF L~ND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT OF THE COURT OF CALIFORNIA, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE SANTA ANA CANYON ROAD LYING SOUTHERLY OF THE CENTERLINE OF SAID SANTA ANA CANYON ROAD, AS SET FORTH IN AN INSTRUMENT RECORDED IN BOOK 171, PAGE 144, OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND LYING WESTERLY OF THE NORTHWESTERLY LINE OF THE RIGHT OF WAY GRANTED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED OCTOBER 8, 1947, IN BOOK 1536, PAGE 487, OF SAID OFFICIAL RECORDS. RESERVING UNTO THE CITY OF ANAHEIM, ALL ABUTTER~S RIGHTS OF ACCESS TO SANTA ANA CANYON ROAD. ALL THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO - 2 - SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF PARCEL 1 OF LAND IN DEED RECORDED JUNE 29, 1948 IN BOOK 1661, PAGE 222, AND RE-RECORDED JULY 30, 1948, IN BOOK 1678, PAGE 209 OFFICIAL RECORDS, WITH THE SOUTHERLY LINE OF SANTA ANA CANYON ROAD, 60 FEET WIDE, AS DESCRIBED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS; THENCE NORTH 01 DEG. 03' 15" EAST 134.20 FEET ALONG SAID SOUTHERLY LINE OF SANTA ANA CANYON ROAD TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT OF BEGINNING BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY WITH A CENTRAL ANGLE OF 37 DEG. 02' 45" AND A RADIUS OF 480 FEET; THENCE EASTERLY 47.87 FEET THROUGH A CENTRAL ANGLE OF 5 DEG. 42' 52" ALONG SAID CURVE TO ITS INTERSECTION WITH THE WESTERLY LINE OF THAT CERTAIN 50 FOOT STRIP OF LAND AS CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED OCTOBER 9, 1947, IN BOOK 1536, PAGE 487 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE SOUTH 26 DEG. 49~ 10" WEST 34.68 FEET TO AN ANGLE POINT THEREON; THENCE SOUTH 6 DEG. 27' 35" WEST 135.16 FEET THENCE SOUTH 7 DEG. 51' 35" EAST 140.41 FEET; THENCE SOUTH 33 DEG. 19' 25" WEST 141.24 FEET TO A POINT THAT IS NORTH 33 DEG. 19' 25" EAST 114.05 FEET FROM THE SOUTHWEST TERMINUS OF A COURSE IN THE WEST LINE OF SAID 50 FOOT STRIP HAVING A BEARING OF NORTH 33 DEG. 19' 25" EAST AND A LENGTH OF 255.29 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 11 DEG. 44' 03" WEST 105.45 FEET; THENCE NORTH 4 DEG. 27~ 20" WEST 120.00 FEET; THENCE NORTH 0 DEG. 21' 56" EAST 178.35 FEET TO THE SOUTHERLY LINE OF AFOREMENTIONED SANTA ANA CANYON ROAD, 60 FEET WIDE; THENCE NORTH 81 DEG. 03~ 15" EAST 72.92 FEET TO THE TRUE POINT OF BEGINNING. 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. PC92-89 granting Conditional Use Permit No. 3527; 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 because the project as presently designed (two-story structure located along the west property line) would result in the building being to close to single-family residences. 2. 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 because the size and location of the proposed building would interfere with the quiet enjoyment of the adjacent residences. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.44.062.011 - Maximum structural height within 150 feet of single family residential zone boundary. (0 to 2~ feet permitted at 0 to 5- foot setback; 26 feet proposed) SECTION 18.44.063.040 - Minimum structural setback adjacent to a residential zone boundary. (10 feet fully landscaped required; 0 to 5 feet proposed) SECTION 18.44.064.020 - Permitted encroachment into reGuired yards. (maximum 30- foot wide access drive width permitted; 36 feet proposed) SECTION 18.84,062.032 - Prohibited roof-mounted eGuiDment. (Roof-mounted eGuipment in the Scenic Corridor Overlay prohibited; ~ roof-mounted air conditioninq unit enclosures proposed) SECTIONS 18.05.091.010 - Permitted tYDe of sheDDing center and 18.84.062.040 identification. (one sinqle-faced, 30-inch high wall-mounted sign permitted; one, 6-foot high double- faced, freestanding sign proposed) 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. That the applicant failed to present evidence of 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. 2. That the applicant failed to present evidence that strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 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 two storey, 9-unit commercial retail center 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. - 5 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of September, 1992. MAYOR OF THE CITY OF ATTEST: CIT CLERK OF THE CITY OF ANAHEI~ JLW:lm 092492 RCUP3527.12 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. 92R-200 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22rid day of September, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-200 on the 23rd day of September, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of September, 1992. CITY CLERK OF THE CITY 0 (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original ~ of Resolution No. 92R-200 was duly passed and adopted by the City Council of the City of Anaheim on September 22, 1992. CITY CLERK OF THE CITY OF ANAHEIM '"'"'