88-134RESOLUTION NO. 88R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2977.
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 WORLD OIL COMPANY, 9302 S. Garfield, South Gate, California
90280, owner and THOMAS J. SHEPOS, 9502 S. Garfield, South Gate,
California 90280, agent, to permit a convenience market with
gasoline sales and off-sale beer and wine on certain real
property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF LOT 6 OF MILES RANCHO, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON THE MAP RECORDED IN BOOK 4, PAGE 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT NO. 2302,
AS SHOWN ON A MAP RECORDED IN BOOK 76, PAGES 29 TO 31
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, THENCE NORTH 0 DEGREES 20 MINUTES
20 SECONDS WEST 252.00 FEET ALONG THE EASTERLY LINE
OF SAID TRACT NO. 2502 TO THE SOUTHWEST CORNER OF LAND
DESCRIBED IN A DEED TO C.R. YOUNG AND SONS FILED APRIL
22, 1949, AS iNSTRUMENT NO. 17889, IN THE OFFICE OF
THE REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFORNIA;
THENCE NORTH 89 DEGREES 39 MINUTES 40 SECONDS EAST
150.00 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF
C.R. YOUNG AND SONS, TO THE WESTERLY LINE OF SPADRA
ROAD, AS SHOWN ON SAID MAP OF TRACT NO. 2302; THENCE
SOUTH 0 DEGREES 20 MINUTES 20 SECONDS EAST 252.00 FEEl'
ALONG SAID WESTERLY LINE TO THE CENTER LINE OF ROMNEYA
DRIVE, AS SHOWN ON SAID MAP OF TRACT NO. 2302; THENCE
SOUTH 89 DEGREES 39 MINUTES 40 SECONDS WEST 150.00
FEET TO THE POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City ftall 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. PC88-52 denying
Conditional Use Permit No. 29?7; 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 ali 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
ali 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
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 genera/ 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
AND 18.46.066.050
- Minimum number of parking spaces.
(3~4 required; 5~1 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
the citizens of the City of Anaheim.
of
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
request of the applicant to permit a convenience market with
gasoline sales and off-sale beer and wine 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.
TBE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of March, 1988.
MA~ CIT~Y OF NAHEIM
ATTEST:
CITY'CLERK OF THE CITY OF ANAHEIM
JL!~/jd
2379L
033088
-3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF A_NA_HEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-134 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of March, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
~D I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-134 on the 4tR day of April, 1988.
IN W/TNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of April, 1988.
CITY CLERK OF TH~CI~ 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. 88R-134 duly passed and
adopted by the Anaheim City Council on March 29, 1988.
CITY CLERK OF THE CITY OF ANAHEIM