87-460
RESOLUTION NO. 87R-460
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ~NAHEIM DENYING CONDITIONAL USE PERMIT
NO. 29)2.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from THRIFTY OIL COMPANY, 10000 Lakewood Blvd., Downey, CA
90240, owner and TAIT & ASSOCIATES, INC., 900 Orangefair Lane,
\naheim, CA 92803, agent on certain real property situated in
the City of Anaheim, County of Orange, State of California,
jescribed as:
THE EASTERLY 130.00 FEET OF THAT PORTION OF VINEYARD
LOT H-l, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4,
PAGES 629 AND 630, DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT H-l,
SAID SOUTHEAST CORNER BEING THE INTERSECTION OF THE
WESTERLY LINE OF EAST STREET, 66.00 FEET WIDE, AND THE
NORTHERLY LINE OF SOUTH STREET, 24.75 FEET WIDE, AS
SHOWN ON SAID MAP, THENCE NORTH 150 30'00" WEST
162.99 FEET õ,LONG THE WESTERLY LINE OF SAID EAST
STREET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN A
DEED TO E.D. JOHNSON AND COMPANY, RECORDED AUGUST 21,
1957, IN BOOK 4012, PAGE 322, OFFICIAL RECORDS; THENCE
SOUTH 740 22' 35" WEST 331.16 FEET ALONG THE
SOUTHERLY OF SAID LAND OF E.D. JOHNSON AND COMPANY TO
THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE
CITY OF ~NAHEIM, RECORDED MAY 17, 1954, IN BOOK 2729,
PAGE 208, OFFICIAL RECORDS; THENCE SOUTH 150 30' 31"
EAST 163.15 FEET ALONG SAID EASTERLY LINE TO THE
SOUTHERLY LINE OF SAID LOT H-l; THENCE NORTH 740 21'
04" 331.14 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
.jfter due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC87-l80 granting
Conditional Use Permit No. 2932; and
WHEREAS, thereafter, within the time prescribed by law,
dO 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
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
ddjoining 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
rise 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 the action of the City Planning
Commission granting said conditional use permit be, and the same
IS hereby, reversed for the reasons hereinabove specified, and
that the request of said applicant to permit a convenience market
with gasoline sales and off-sale beer and wine 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
:ity Council of the City of Anaheim this 3rd day of November,
1987.
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MAYOR OF THE CITY OF'ANAHEIM
I\fTEST:
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CITY CLERK OF THE
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
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ss.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-460 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of November, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-460 on the 3rd day of November, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of November, 1987.
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ZUL~- /?( é~ ~- .
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. 87R-460 duly passed and
~dopted by the Anaheim City Council on November 3, 1987.
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CITY CLERK OF THE CITY OF ANAHEIM
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