84R-134
RESOLUTION NO. 84R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2523.
.....
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ATLANTIC RICHFIELD COMPANY, owner, to permit a convenience
market with gasoline 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
as:
PARCEL l, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 45, PAGE 13, OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
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 re-
quired 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. PC84-9 denying
Conditional Use Permit No. 2523; 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 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 adjoin-
ing 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.
Each of the aforesaid findings is made on the basis
that the retail sales would include off-sale beer and wine in an
existing service station and that drivers' accessibility to beer
and wine in conjunction with the sale of gasoline to fuel
vehicles driven on City streets would create a dangerous situa-
tion with persons drinking and driving. The use is further
denied on the basis that the property is located in an industrial
area near the Anaheim Stadium and the accessibility of beer and
wine to fans going to the Stadium and consuming the alcohol in
the parking lot could lead to disturbances between fans; and that
the accessibility of beer and wine to employees in the industrial
area could lead to industrial accidents.
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 a convenience market
with gasoline sales and sale of beer and wine for off-premises
consumption on the hereinabove described real property be, and
the same is hereby, denied.
BE IT FURTHER RESOLVED that, pursuant to City Council
Resolution No. 79R-524, the time within which judicial review of
the aforesaid decision must be sought is governed by the
provisions of Section 1094.6 of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim t~a~~4.
MAYL>R OF THE CITY OF ANAHEIM
A~~S~
ASSISTANT CITY CLERK OF THE CITY OF ANAHEIM
JLW: fm
2507M
5/8/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) sSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-134 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of April, 1984, by the following vote of the members thereof:
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AYES:
COUNCIL MEMBERS: Kaywood, Overholt and Pickler
NOES:
COUNCIL MEMBERS: Bay and Roth
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-134 on the 3rd day of April, 1984.
IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of April, 1984.
~A- ~S-~
ASSISTANT 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 origina~ of Resolution No. 84R-134 duly passed and
adopted by th~ Anaheim City Council on April 3, 1984.
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ASSISTANT CITY CLERK
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