RES-1989-019 RESOLUTION NO. @9R-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYIN6 CONDITIONAL USE PERMIT
NO. 3076.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from EXXON CORPORATION, 1200 Smith St., Houston, Texas
?7210-4415, owner, and TAIT AND ASSOCIATES, 800 N. Eckhoff,
Orange, CA 92613, agent, to permit a convenience market with
gasoline sales, fast food sales and sale of beer and wine for
off-premises consumption on certain real property situated in the
City of Anaheim, County of Orange, State of California, described
PARCEL 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK
51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF LINCOLN
AVENUE (FORMERLY ANAHEIM-OLIVE ROADS) AND RIO VISTA
STREET AS PER MAP FILED IN BOOK 17, PAGE 30, OF
RECORDS OF SURVEYS, IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE, ALONG THE CENTERLINE OF SAID LINCOLN
AVENUE NORTHWESTERLY 195.00 FEET; THENCE PARALLEL WITH
SAID RIO VISTA STREET NORTHERLY 210.00 FEET; THENCE
PARALLEL WITH SAID RIO VISTA STREET NORTHERLY 210.00
FEET; THENCE PARALLEL WITH SAID LINCOLN AVENUE
SOUTHEASTERLY 195.00 FEET TO SAID CENTERLINE OF RIO
VISTA STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF
SAID RIO VISTA STREET 210.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 30.00 FEET AND
THE EASTERLY 30.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM ALL OF THAT PORTION THEREOF
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA DATED
SEPTEMBER 16, 1965 AND RECORDED NOVEMBER 26, 1965, IN
BOOK 6817 AT PAGE 876, OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 2:
THAT PORTION OF SECTION 12, T. 4 S., R. 10 W., IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF TltE RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE THAT IS
PARALLEL WITH AND DISTANT 55.00 FEET NORTHERLY,
MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
ANAHEIM-OLIVE ROAD, AS SHOWN ON MAP OF TRACT 3824,
RECORDED IN BOOK 146, PAGES 4 AND 5 OF SAID
MISCELLANEOUS MAPS, WITH A LINE THAT IS PARALLEL WITH
AND DISTANT WESTERLY 195.00 FEET MEASURED ALONG SAID
CENTERLINE OF ANAHEIM-OLIVE ROAD, FROM THE CENTERLINE
OF RIO VISTA STREET, AS SHOWN ON SAID MAP OF TRACT
3824; THENCE SOUTHERLY ALONG THE LAST MENTIONED
PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND
53.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, FROM
SAID CENTERLINE OF ANAHEIM-OLIVE ROAD: THENCE EASTERLY
ALONG THE LAST MENTIONED PARALLEL LINE 118.96 FEET TO
A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 25.00 FEET; THENCE EASTERLY, NORTHEASTERLY
AND NORTHERLY ALONG SAID CURVE TO A LINE THAT IS
PARALLEL WITH AND 45.00 FEET WESTERLY, MEASURED AT
RIGHT ANGLES FROM SAID CENTERLINE OF RIO VISTA STREET:
THENCE NORTHERLY ALONG THE LAST MENTIONED PARALLEL
LINE TO THE INTERSECTION THEREOF WITH THAT CERTAIN
COURSE DESCRIBED IN THE DESCRIPTION OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA, BY
DEED RECORDED IN BOOK 6817, PAGE 876 OF OFFICIAL
RECORDS IN SAID OFFICE AS "S" 50 DEG. 39' 41" W.,
62.01 FEET: THENCE SOUTHWESTERLY ALONG SAID COURSE TO
THE SOUTHWESTERLY TERMINATION THEREOF IN THE FIRST
HEREINABOVE MENTIONED PARALLEL LINE: THENCE WESTERLY
ALONG SAID FIRST HEREINABOVE MENTIONED PARALLEL LINE
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. PC88-314 denying
Conditional Use Permit No. 3076; 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
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WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hear-
ing 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; 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.
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.
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 24th day of January,
1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
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. 89R-19 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of January, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-19 on the 26th day of January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 26th day of January, 1989.
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. 89R-19 duly passed and adopted
by the Anaheim City Council on January 24, 1989.
CITY CLERK OF THE CITY OF ANAHEIM