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88-134RESOLUTION NO. 88R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2977. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from WORLD OIL COMPANY, 9302 S. Garfield, South Gate, California 90280, owner and THOMAS J. SHEPOS, 9502 S. Garfield, South Gate, California 90280, agent, to permit a convenience market with gasoline sales and off-sale beer and wine on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT NO. 2302, AS SHOWN ON A MAP RECORDED IN BOOK 76, PAGES 29 TO 31 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH 0 DEGREES 20 MINUTES 20 SECONDS WEST 252.00 FEET ALONG THE EASTERLY LINE OF SAID TRACT NO. 2502 TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO C.R. YOUNG AND SONS FILED APRIL 22, 1949, AS iNSTRUMENT NO. 17889, IN THE OFFICE OF THE REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 89 DEGREES 39 MINUTES 40 SECONDS EAST 150.00 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF C.R. YOUNG AND SONS, TO THE WESTERLY LINE OF SPADRA ROAD, AS SHOWN ON SAID MAP OF TRACT NO. 2302; THENCE SOUTH 0 DEGREES 20 MINUTES 20 SECONDS EAST 252.00 FEEl' ALONG SAID WESTERLY LINE TO THE CENTER LINE OF ROMNEYA DRIVE, AS SHOWN ON SAID MAP OF TRACT NO. 2302; THENCE SOUTH 89 DEGREES 39 MINUTES 40 SECONDS WEST 150.00 FEET TO THE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City ftall 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. PC88-52 denying Conditional Use Permit No. 29?7; 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 ali 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 ali 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 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 genera/ welfare of the citizens of the City of Anaheim; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTIONS 18.06.050.022 AND 18.46.066.050 - Minimum number of parking spaces. (3~4 required; 5~1 proposed) AND WHEREAS, the City Council does further 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 waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that the aforesaid waiver(s) should be denied, for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare the citizens of the City of Anaheim. of -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the request of the applicant to permit a convenience market with gasoline sales and off-sale beer and wine with a waiver of certain 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. TBE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of March, 1988. MA~ CIT~Y OF NAHEIM ATTEST: CITY'CLERK OF THE CITY OF ANAHEIM JL!~/jd 2379L 033088 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF A_NA_HEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-134 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of March, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None ~D I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-134 on the 4tR day of April, 1988. IN W/TNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of April, 1988. CITY CLERK OF TH~CI~ 0 (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-134 duly passed and adopted by the Anaheim City Council on March 29, 1988. CITY CLERK OF THE CITY OF ANAHEIM