91-029 RESOLUTION NO. _~
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3354.
WHEREAS, the city Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit an 8,081 square-foot commercial retail center on certain
portions of the real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1, AS SHOWN ON THAT CERTAIN "LOT LINE
ADJUSTMENT PLAT NO. 139" RECORDED NOVEMBER 1,
1985 AS INSTRUMENT NO. 85-423458 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
PARCEL A: PARCELS 1, 2 AND 3 AS SHOWN ON A MAP
FILED IN BOOK 220, PAGES 42 AND 43 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: PARCEL 3, AS SHOWN ON A MAP FILED IN
BOOK 196, PAGES 8 AND 9 OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; 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. PC90-280 granting Conditional
Use Permit No. 3354; 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
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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 said conditional use permit be, and the same
is hereby, denied for the reasons hereinabove specified, and that
the request of said applicant to permit an 8,081 square-foot
commercial retail center 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 5th day of February, 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl/R34CUP3354.113/020791
- 2 -
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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. 91R-29 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
February, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the city of Anaheim signed said
Resolution No. 91R-29 on the 11th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of February, 1991.
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 original of Resolution No. 91R-29, duly passed and adopted
by the City Council of the City of Anaheim on February 5, 1991.
CITY CLERK OF THE CITY OF ANAHEIM