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90-362 RESOLUTION NO. 90R-362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3247. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 4,400 sq.ft. addition to an existing commercial retail center on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE SW 1/4 OF SECTION 13, T 4 S, R 10 W, SBM, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY O ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED AS N 89 DEG. 02' 32" W, 175.00 FEET IN THE BOUNDARY OF PARCEL 3 OF FINAL ORDER OF CONDEMNATION (STATE PARCEL B6419) FILED IN SUPERIOR COURT CASE NO. 114537 IN AND FOR SAID COUNTY, A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED JUNE 3, 1964 IN BOOK 7073, PAGE 214 OF SAID OFFICIAL RECORDS: THENCE ALONG THE EASTERLY PROLONGATION OF SAID COURSE S 89 DEG. 02' 32" E, 318.48 FEET T A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, FROM A TANGENT WHICH BEARS N 00 DEG. 57' 28" E, THROUGH AN ANGLE OF 40 DEG. 56' 43", AN ARC DISTANCE OF 214.19 FEET TO A POINT IN THAT COURSE DESCRIBED AS S 52 DEG. 13' 12" W, 24.19 FEET IN THE BOUNDARY OF SAID PARCEL 3, DISTANT THEREON N 52 DEG. 13' 1Z" E, 2.55 FEET FROM ITS SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAID BOUNDARY THE FOLLOWING COURSE; S 52 DEG. 13' 12" W, 2.55 FEET; S 53 DEG. 20' 07" W, 258.88 FEET; AND S 79 deg. 38' 53" W. 188.66 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE NORTHERLY 2 FEET OF SEGMENT 1 OF STATE RELINQUISHMENT REQUEST NO. 1077, RECORDED OCTOBER 30, 1984 AS DOCUMENT NO. 84-446412, OF OFFICIAL RECORDS, 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 CUP 3247 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. PC90-192 granting Conditional Use Permit No. 3247; 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 adjoining 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of said applicant to permit a 4,400 sq.ft. addition to an existing commercial retail center 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. -2- CUP 3247 THE FOREGOING RESOLUTION is approved and adopted by the City Council o£ the City of Anaheim this 18th day of September, 1990. ATTEST: C K OF THE CITY OF ANAHEIM JLW:kh 3908L 091990 -3- CUP 3247 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. 90R-362 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of September, 1990, by the following vote of the members thereof: AYES COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-362 on the 25th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of September, 1990. CITY CLERK OF (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Kesolution No. 90R-362, duly passed and adopted by the Anaheim City Council on September 18, 1990. CITY CLERK OF THE CITY OF ANAHEIM~