Loading...
RES-1989-019 RESOLUTION NO. @9R-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYIN6 CONDITIONAL USE PERMIT NO. 3076. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EXXON CORPORATION, 1200 Smith St., Houston, Texas ?7210-4415, owner, and TAIT AND ASSOCIATES, 800 N. Eckhoff, Orange, CA 92613, agent, to permit a convenience market with gasoline sales, fast food 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 PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LINCOLN AVENUE (FORMERLY ANAHEIM-OLIVE ROADS) AND RIO VISTA STREET AS PER MAP FILED IN BOOK 17, PAGE 30, OF RECORDS OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG THE CENTERLINE OF SAID LINCOLN AVENUE NORTHWESTERLY 195.00 FEET; THENCE PARALLEL WITH SAID RIO VISTA STREET NORTHERLY 210.00 FEET; THENCE PARALLEL WITH SAID RIO VISTA STREET NORTHERLY 210.00 FEET; THENCE PARALLEL WITH SAID LINCOLN AVENUE SOUTHEASTERLY 195.00 FEET TO SAID CENTERLINE OF RIO VISTA STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID RIO VISTA STREET 210.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 30.00 FEET AND THE EASTERLY 30.00 FEET THEREOF. ALSO EXCEPTING THEREFROM ALL OF THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA DATED SEPTEMBER 16, 1965 AND RECORDED NOVEMBER 26, 1965, IN BOOK 6817 AT PAGE 876, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF SECTION 12, T. 4 S., R. 10 W., IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF TltE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT 55.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF ANAHEIM-OLIVE ROAD, AS SHOWN ON MAP OF TRACT 3824, RECORDED IN BOOK 146, PAGES 4 AND 5 OF SAID MISCELLANEOUS MAPS, WITH A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 195.00 FEET MEASURED ALONG SAID CENTERLINE OF ANAHEIM-OLIVE ROAD, FROM THE CENTERLINE OF RIO VISTA STREET, AS SHOWN ON SAID MAP OF TRACT 3824; THENCE SOUTHERLY ALONG THE LAST MENTIONED PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND 53.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF ANAHEIM-OLIVE ROAD: THENCE EASTERLY ALONG THE LAST MENTIONED PARALLEL LINE 118.96 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE TO A LINE THAT IS PARALLEL WITH AND 45.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF RIO VISTA STREET: THENCE NORTHERLY ALONG THE LAST MENTIONED PARALLEL LINE TO THE INTERSECTION THEREOF WITH THAT CERTAIN COURSE DESCRIBED IN THE DESCRIPTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED IN BOOK 6817, PAGE 876 OF OFFICIAL RECORDS IN SAID OFFICE AS "S" 50 DEG. 39' 41" W., 62.01 FEET: THENCE SOUTHWESTERLY ALONG SAID COURSE TO THE SOUTHWESTERLY TERMINATION THEREOF IN THE FIRST HEREINABOVE MENTIONED PARALLEL LINE: THENCE WESTERLY ALONG SAID FIRST HEREINABOVE MENTIONED PARALLEL LINE TO THE 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. PC88-314 denying Conditional Use Permit No. 3076; 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 -2- 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 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. 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 24th day of January, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db 2909L 012589 -3- 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. 89R-19 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of January, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-19 on the 26th day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of January, 1989. 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. 89R-19 duly passed and adopted by the Anaheim City Council on January 24, 1989. CITY CLERK OF THE CITY OF ANAHEIM