88-425RESOLUTION NO. 88R-425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAItEIM DENYING CONDITIONAL USE PERMIT
NO. 3062.
WHEREAS, tile City Planning Commission of the City o£
Anaheim did receive an application for a conditional use permit
from THRIFTY OIL COMPANY, 1000 Lakewood Blvd., Downey, CA 90240,
owner and TAIA AND ASSOCIATES INC., ATTN: RICHARD TAIT, 800 N.
Eckhoff St., Orange, CA 92613, agent, to permit a convenience
market with gasoline sales, fast food service and off-sale of beer
and wine with waivers of the hereinafter specified provisions of
the Anaheim Municipal Code on certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as:
THE WESTERLY 203.00 FEET OF THE SOUTHERLY 203.00 FEET
OF THE WESTERLY 10 ACRES OF THE SOUTttERLY 20 ACRES OF
LOT 15 IN BLOCK "K" OF KRAEMER TRACT, IN THE CITY OF
ANAItEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED iN BOOK 12 PAGES 87 and 88, OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. SAID
DISTANCES ARE MEASURED PARALLEL TO THE WESTERLY AND
SOUTHERLY LINES OF LOT 15 RESPECTIVELY; 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. 88R-270 denying
Conditional Use Permit No. 3062; 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
ali evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set £orth in
Section 18.03.050.030 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 because it will not primarily
serve and be compatible with industrial uses; and
2. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area because the intersection
of La Palma Avenue and Kraemer Boulevard is an already highly
congested area; and
5. 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 because of the reasons above
stated; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.87.030.072
Minimum landscaping adjacent to
interior boundary lines
(Broad-headed, 15-gallon trees on
20-foot centers required, none
proposed).
SECTIONS 18.61.063.011
and 18.61.064
Permitted encroachment of trash
enclosure into required front
yard area. (6-foot high trash
enclosure not permitted within
50 feet of Kraemer Boulevard;
Trash enclosure proposed at 10
feet).
WHEREAS, the City Council does 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 waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification iu the vicinity because applicant failed to
present evidence of any such circumstances.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity because applicant
failed to present evidence of any such deprivation of privileges.
-2-
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that for the reasons hereinabove specified,
the request of TttRIFT¥ OIL COMPANY, 1000 Lakewood Blvd., Downey,
CA 90240, owner and TAIT AND ASSOCIATES INC., ATTN: RICHARD
'FAIT, 800 N. Eckhoff St., Orange, CA 92613, agent, to permit a
convenience market with gasoline sales, fast food service, and
off-sale beer and wine on the hereinabove described real property
with waivers of the aforesaid 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.
TIlE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of December,
1988.
~TTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
2855
121588
-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. 88R-425 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of December, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Ehrle, Pickler, Kaywood and Hunter
AND ! FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-425 on the 3rd day of January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 3rd 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. 88R-425 duly passed and
adopted by the Anaheim City Council on December 13, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
GRANTOR
JEROME R. DRUKIN
PAl INVESTMENT, INC.
BERT B. MALOUF, MARION
MALOUF, ROBERT BERGESS
BRAHM MALOUF
PAUL CHIAVATTI
INTEREST CONVEYED
Request right of way for
street widening & alley
widening purposes
Request dedication of
Irrevocable offer for
for street widening
purposes
an
Request dedication of
Irrevocable offer for
street widening
an
Request dedication of an
Irrevocable offer for the
right of way for alley
purposes
LOCATION AND
RIGHT OF WAY
AND ZONING NO.
S/o Lincoln Avenue,
W/o Grand Avenue
RECLASS. #87-88-34
La Palma Ave. E/o
Citron Avenue
RECLASS. #87-88-40
SW cur of Ball Rd &
Lewis Street
CUP #3021
Lemon Street N/o
Vermont Street
R/W #4237