88-413RESOLUTION NO. 88R-413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3063.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from WONSON KIM and HAESOOK KIM, 11443 E. Stapleton Circle,
Cerritos, CA 90701, owner, to permit a convenience market,
including off-sale of beer and wine, on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
AND IS
THAT PORTION OF THE SOUTHWEST ~UARTER OF THE SOUTHWEST
QUARTER OF SECTION S, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
IN BOOK Si, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID
SOUTHWEST QUARTER WITH THE WESTERLY PROLONGATION OF
TiiE SOUTH LINE OF LOTS 149 TO 1S2 INCLUSIVE OF TRACT
NO. 2093, AS SHOWN ON A MAP RECORDED IN BOOK 76, PAGES
45 TO 48 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE
SOUTH 0 DEG. 19' 44" EAST, ALONG SAID WEST LINE 103.59
FEET; THENCE NORTH 31 DEG. 17' 34" WEST 17.49 FEET TO
AN ANGLE POINT ON THE SOUTHERLY LINE OF LOT 1S2 OF
SAID TRACT NO. 2093; THENCE SOUTH 89 DEG. 40' 16"
WEST, ALONG SAID SOUTH LINE, 261.00 FEET 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. PC88-296 granting in
part, Conditional Use Permit No. 5063; and
WItEREAS, 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 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
WItEREAS, 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 ail of the conditions and criteria set
forth in Section 18.05.030.030 of the Anaheim Municipal Code are
not preseut 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 due to traffic and pedestrian
congestion and noise which would be generated by such use in and
around a single-family residential neighborhood; 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 due to traffic and
pedestrian congestion and noise which would be generated b7 such
use in and around a single-family residential neighborhood; 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 due to traffic and
pedestrian congestion and noise which would be generated by such
use in and around a single-family residential neighborhood; and
4. That the traffic generated by the proposed use would
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in tile area due to the vehicular
congestion which such use would generate on an already highly
congested street and upon residential streets in the area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove specified,
the request of said applicant to permit a convenience market 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-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day o£ November,
1988.
~MA~OR OF THE"L~Y OF(.~NAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
3LW:db
2832L
113088
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-413 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 November, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-413 on the 5th day of December, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 5th day of December, 1988.
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-413 duly passed and
adopted by the Anaheim City Council on November 29, 1988.
CITY CLERK OF THE CITY OF ANAHEIM---