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RES-1989-220RESOLUTION NO. 89R-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3147. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from VANDERBILT LTD., owner, and A. THOMSON HOLMES, agent, to permit a convenience market with fast-food on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 8 AND 9 AS SHOWN ON A MAP FILED IN BOOK 222, PAGES 37 TO 41 INCLUSIVE, 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, failed to act upon said application due to a tie vote and referred said application to the City Council for determination; and WHEREAS, thereafter, within the time prescribed by law, the City Council 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: CUP 3147 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 a convenience market with fast food 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-5Z4. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of June, 1989. ATTEST: CITY -CLERK OF- CITY OF ANAHEIM /kh 5170L 061489 2 CUP 3147 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-220 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 June, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim si~ned said Resolution No. 89R-220 on the 20th day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of June, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-220 duly passed and adopted by the Anaheim City Council on June 6, 1989. CITY CLERK OF THE CITY OF ANAHEIM