1985-303RESOLUTION NO. 85R-303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2652 (REHEARING).
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from SHIRDAN A. DAMANI, et al., owner, to permit a convenience
market with off-sale beer and wine on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
LOTS 2 AND 3 OF TRACT NO. 1647, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 87 PAGES 10 TO 13 INCLUSIVE OF
MISCELLANEOUS 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
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. PC85-34 denying
Conditional Use Permit No. 2652; 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, following said public hearing, the City
Council did adopt its Resolution No. 85R-131 denying said
Conditional Use Permit No. 2652; and
WHEREAS, thereafter, within the time provided by law,
the applicant did file a request for rehearing which request was
granted and said rehearing was conducted in the manner required
by law; 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 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 off-sale beer and
wine in conjunction with a convenience market 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of July, 1985.
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MAYOR OF THE CITY O ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
3978M
072385
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. 85R-303 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-303 on the 9th day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of July, 1985.
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C TY 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. 85R-303 duly passed and
adopted by the Anaheim City Council on July 9, 1985.
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CITY CLERK