88-316RESOLUTION NO. 88R-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3022.
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 ARNT G. QUIST, 3737 Birch Street, Suite 200, Newport Beach,
CA 92660, owner and ANAHEIM FOOD PARK INC., ATTN: MANMETT NIWAR
AND KULJEET NIWAR, 3457 E. Ridgeway Drive, Orange, CA 9266?,
agent to permit a 3584 square foot convenience market with waiver
of minimum required dimensions of small car spaces on certain
real property situated in the City of Anaheim, County of Orange,
State of California, described as:
That portion of Lots 1 and 2 of Block N of the Center
Tract, as shown on a Map recorded in Book 1 4, page 13
of Miscellaneous Records in the Office of the County
Recorder of Los Angeles County, California, described
as follows:
Beginning at the centerline intersections of Anaheim
Blvd. and Broadway; thence North 74025' 31" East Along
said centerline of Broadway 102.19 feet; thence South
15034' 29" East 21.75 feet to the beginning of a
non-tangent curve concave Southeasterly having a
radius of 25.00 feet, a radial line of said curve
passing through said point bears North 15034' 29"
East, said point being the True Point of Beginning;
thence Westerly and Southerly along said curve through
a central angle of 89°55' 38" an arc distance of 39.24
feet to the beginning of a reverse curve concave
Westerly and having a radius of 749.00 feet; thence
Southerly along said curve through a central angle of
8°27' 11" an area distance of 110.50 feet to a point
in the Southerly line and the Easterly prolongation
thereof North 74031' 38" East 54.64 feet to the
Southeasterly corner of said Lot 2 North 15030' 07"
West 135.00 feet to the Northeasterly corner of said
Lot 2: thence along the Northerly line of said Lot 2
South 74°25' 31" West 21.53 feet to the True 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. PC88-165 denying
Conditional Use Permit No. 3022; 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
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
use is
use in
peace,
That the size and shape of the site proposed for the
not adequate to allow the full development of the proposed
a manner not detrimental to the particular area nor to the
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 18.06.040.020 -
and
18.45.066.020
Minimum dimension of small
car spaces
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
081788 2
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,
request of the applicant to permit a 3584 square foot convenience
market with waiver of minimum required dimensions of small car
spaces 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th~day of August, 1988.
MAYOR OF TE~CIT~YF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
6901M
081788 3
CLEF~K
STATE OF CALIFORiqIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, LEONORA N. SOHL, City Clerk of the City o£ Anaheim, do hereby certify that
tue foregoing Resolution No. 88R-31~ was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9t~ day of August, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABS~T:
COUNCIL MEMBERS:
COUNCIL biEMBERS:
COUNCIL MEMBERS:
Ehrie, Kaywood, PicKier and Bay
None
Hunter
AND i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-310 on the 22nd day of August, i98~.
iN WATNESS WHEREOf', I have hereunto set my t~an~ and affixed the seal of the
City of Anaheim this 22nd day of August, 1988.
CITY CLERK OF THE CITY OF A_NAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certi£y that
the foregoing is the original of Resolution No. 88R-3i0 duly passed and
adopted by the Anaheim City Council on August 9, 1988.