1982-539
RESOLUTION NO. 82R-539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
2373.
ltlHEREAS, the Ci ty Planning Commission of the Ci ty of
Anaheim did receive an application for a conditional use permit
from IBERHAM ALl ATA, owner, and TALAT RADWAN, agent, to permit a
convenience market with gasoline sales on certain property situa-
ted in the City of Anaheim, County of Orange, State of
California, legally described as follows:
THE SOUTH 160 FEET OF THE EAST 115 FEET OF LOT 67 OF
TRACT NO. 277 3 , AS SHOWN ON A fw1AP RECORDED I N BOOK
116, PAGES 24, 25 AND 26 OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a pub-
lic 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
tlHEREAS, said Commission, after due inspection, inves-
tigation 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. PC82-186, denying
Conditional Use Permit No. 2373; 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 consi-
der the same: and
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and testimony received at said public hearing before
the City Council, that all of the condi tions 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 ad-
joining land uses and the growth and development of the area in
which it is proposed to be located; and
-1-
2. That the size and shape of the site proposed for the
use is not adequate to allow the full development of the pro-
posed 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 denying Condi tional Use Permi t No. 2253 be, and the
same is hereby, affirmed for the reasons hereinabove specified,
and that the request of IBERHAM ALl ATA, owner, and TALAT
RADWAN, agent, to permit a convenience market with gasoline
sales be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that notice is hereby given to
the applicant that 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 this 2nd day of
November, 1982.
~d~
MAYOR OF THE CITY. OF ANAHEIM
ATTEST:
~-.J>fI ~~
ITY CLERK OF HE ITY OF ANAHEIM
JLW: fm
0346M
11-18-82
......~ :..:.,: ....-..;:w....'lo.~..........~.... .._..... ....._.......-...._..... _..II' .......~...~.. :~,...-= ..-r._..'t....::iIIl.!"l........-O-.=.I....,,~~.,d'....;.lIhIh..-.-................
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 82R-539 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2nd day of November, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Piokler and Bay
NOES: COUNCIL MEMBERS: Overholt and Roth
ABSENT: COUNCIL MEMBERS: NORe
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 82R-539 on the 2nd day of November, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of November, 1982.
~ ,,~/~
CI CL\:RIC OF THE CITY F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 82R-539 duly passed and
adopted by the Anaheim City Council on November 2, 1982.
Q._.J~ ~~
CITY CLERIC