1985-349RESOLUTION NO. 85R-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2696.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from THRIFTY OIL COMPANY, owner, to permit a convenience market
with gasoline sales and off-sale beer and wine with waivers of the
hereinafter specified provisions of the Anaheim Municipal Code on
certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 43
PAGE 9 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
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. PC85-173 denying
Conditional Use Permit No. 2696; 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 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 because of the proposed sales
of alcoholic beverages in take-out containers to automobile
drivers; and
2. 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 because of the proposed sale
of alcoholic beverages in take-out containers to automobile
drivers; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.61.063.011 - Minimum landscaped setback.
(10 feet required in front
setback; 0 to 17 feet proposed).
WHEREAS, the City Council does 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 waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
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 THRIFTY OIL COMPANY to permit a convenience market
with gasoline sales and off-sale beer and wine on the hereinabove
described real property with waivers of the aforesaid 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 6t day of August, 1985.
i~~
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
JLW : f m
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091785
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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. 85R-349 was introduced and adopted at a regular '~"°`
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of August, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay and Overholt
NOES: COUNCIL MEMBERS: Pickler and Roth
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-349 on the 6th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of August, 1985.
f ~ _ ~ °c.~~-----~
CITY CLERK OF THE CITY 0 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-349 duly passed and
adopted by the Anaheim City Council on August 6, 1985.
CITY CLERK