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84R-134 RESOLUTION NO. 84R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2523. ..... WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ATLANTIC RICHFIELD COMPANY, owner, to permit a convenience market with gasoline sales and sale of beer and wine for off- premises consumption on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL l, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 45, PAGE 13, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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 re- quired 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. PC84-9 denying Conditional Use Permit No. 2523; 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 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 adjoin- ing 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 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 general welfare of the citizens of the City of Anaheim. Each of the aforesaid findings is made on the basis that the retail sales would include off-sale beer and wine in an existing service station and that drivers' accessibility to beer and wine in conjunction with the sale of gasoline to fuel vehicles driven on City streets would create a dangerous situa- tion with persons drinking and driving. The use is further denied on the basis that the property is located in an industrial area near the Anaheim Stadium and the accessibility of beer and wine to fans going to the Stadium and consuming the alcohol in the parking lot could lead to disturbances between fans; and that the accessibility of beer and wine to employees in the industrial area could lead to industrial accidents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request of said applicant to permit a convenience market with gasoline sales and sale of beer and wine for off-premises consumption on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the aforesaid decision must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim t~a~~4. MAYL>R OF THE CITY OF ANAHEIM A~~S~ ASSISTANT CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2507M 5/8/84 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-134 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 April, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Overholt and Pickler NOES: COUNCIL MEMBERS: Bay and Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-134 on the 3rd day of April, 1984. IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 3rd day of April, 1984. ~A- ~S-~ ASSISTANT 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 origina~ of Resolution No. 84R-134 duly passed and adopted by th~ Anaheim City Council on April 3, 1984. ~~~~ ASSISTANT CITY CLERK -