92-240 RESOLUTION NO. 92R-240
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3533.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit automotive towing and storage yard on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THE NORTHWESTERLY 240.00 FEET OF THAT PORTION
OF VINEYARD LOT H-i, AS SHOWN ON A MAP OF THE
I~ANDS OF ANAHEIM, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 4,
PAGES 629 AND 630, DEEDS, RECORD OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT H-I,
SAID SOUTHEAST CORNER BEING THE INTERSECTION OF THE
WESTERLY LINE OF EAST STREET, 66.00 FEET WIDE, AND
THE NORTHERLY LINE OF SOUTH STREET, 24.75 FEET WIDE,
AS SHOWN ON SAID MAP; THENCE NORTH 15° 30' 00" WEST
ALONG SAID WESTERLY LINE OF EAST STREET, 402.99 FEET
TO THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO
KEL-GER, INC, IN PARCEL 1 OF THE DEED RECORDED IN
BOOK 3459, PAGE 432 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
SOUTH 74° 22' 35" WEST ALONG THE SOUTHERLY LINE OF
KEL-GER, INC., 331.20 FEET TO THE EASTERLY LINE OF
THE 20.00 FEET WIDE STRIP OF LAND CONVEYED TO THE
CITY OF ANAHEIM, BY DEED RECORDED IN BOOK 2729, PAGE
208 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 15° 30'
31" EAST ALONG SAID EASTERLY LINE, 403.15 FEET TO
SAID NORTHERLY LINE OF SOUTH STREET; THENCE NORTH
74° 21' 04" EAST ALONG SAID NORTHERLY LINE, 331.14
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED
WITHIN EAST STREET; 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. PC92-101 denying
Conditional Use Permit No. 3533; 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 traffic, noise,
trash and hours of operation of the subject automotive towing and
storage yard will adversely impact the nearby residential uses
and the peace and quiet enjoyment of property by the residents
directly to the east across East Street; and
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 traffic, noise
and hours of operation of the subject automotive towing and
storage yard will adversely impact the nearby residential uses
and the peace and quiet enjoyment of property by the residents
directly to the east across East Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission denying said conditional use permit be, and the same
is hereby, affirmed for the reasons hereinabove specified, and
that the request of said applicant to permit an automotive towing
and storage yard 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.
2
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of November,
1992.
/~ CITYO~AFAH
MAYOR OF THE EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
RCUP3533.12
3
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-240 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 17th day of November, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-240 on
the 18th day of November, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 18th day of November, 1992.
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. 92R-240 was duly passed and adopted by the City Council of the City of Anaheim on
November 17, 1992.
CITY CLERK OF THE CITY OF ANAHEIM