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88-316RESOLUTION NO. 88R-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3022. 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 ARNT G. QUIST, 3737 Birch Street, Suite 200, Newport Beach, CA 92660, owner and ANAHEIM FOOD PARK INC., ATTN: MANMETT NIWAR AND KULJEET NIWAR, 3457 E. Ridgeway Drive, Orange, CA 9266?, agent to permit a 3584 square foot convenience market with waiver of minimum required dimensions of small car spaces on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of Lots 1 and 2 of Block N of the Center Tract, as shown on a Map recorded in Book 1 4, page 13 of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California, described as follows: Beginning at the centerline intersections of Anaheim Blvd. and Broadway; thence North 74025' 31" East Along said centerline of Broadway 102.19 feet; thence South 15034' 29" East 21.75 feet to the beginning of a non-tangent curve concave Southeasterly having a radius of 25.00 feet, a radial line of said curve passing through said point bears North 15034' 29" East, said point being the True Point of Beginning; thence Westerly and Southerly along said curve through a central angle of 89°55' 38" an arc distance of 39.24 feet to the beginning of a reverse curve concave Westerly and having a radius of 749.00 feet; thence Southerly along said curve through a central angle of 8°27' 11" an area distance of 110.50 feet to a point in the Southerly line and the Easterly prolongation thereof North 74031' 38" East 54.64 feet to the Southeasterly corner of said Lot 2 North 15030' 07" West 135.00 feet to the Northeasterly corner of said Lot 2: thence along the Northerly line of said Lot 2 South 74°25' 31" West 21.53 feet to the True 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. PC88-165 denying Conditional Use Permit No. 3022; 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 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 use is use in peace, That the size and shape of the site proposed for the not adequate to allow the full development of the proposed a manner not detrimental to the particular area nor to the 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; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: Sections 18.06.040.020 - and 18.45.066.020 Minimum dimension of small car spaces 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 081788 2 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or 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, for the reasons hereinabove stated, request of the applicant to permit a 3584 square foot convenience market with waiver of minimum required dimensions of small car spaces 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 9th~day of August, 1988. MAYOR OF TE~CIT~YF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 6901M 081788 3 CLEF~K STATE OF CALIFORiqIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, LEONORA N. SOHL, City Clerk of the City o£ Anaheim, do hereby certify that tue foregoing Resolution No. 88R-31~ was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9t~ day of August, 1988, by the following vote of the members thereof: AYES: NOES: ABS~T: COUNCIL MEMBERS: COUNCIL biEMBERS: COUNCIL MEMBERS: Ehrie, Kaywood, PicKier and Bay None Hunter AND i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-310 on the 22nd day of August, i98~. iN WATNESS WHEREOf', I have hereunto set my t~an~ and affixed the seal of the City of Anaheim this 22nd day of August, 1988. CITY CLERK OF THE CITY OF A_NAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certi£y that the foregoing is the original of Resolution No. 88R-3i0 duly passed and adopted by the Anaheim City Council on August 9, 1988.