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1979-277RESOLUTION NO. 79R -277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1955 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from BEACON BAY ENTERPRISES, INC., owner, and NATIONAL CONVENIENCE STORES, INC., agent, to permit the retail sales of records and tapes in the "ML" INDUSTRIAL, LIMITED ZONE of the City on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90 PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and ATTY -58 (Page 1 of 2 Pages) -1- 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, investi- gation 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. PC79 denying Conditional Use Permit No. 1955 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 hearing 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 con- sideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present and, therefore, that Conditional Use Permit No. 1955 should be denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying Conditional Use Permit No. 1955 be, and the same is hereby, affirmed and that the request of BEACOT BAY ENTERPRISES, INC., owner, and NATIONAL CONVENIENCE STORES, INC., to permit the retail sales of records and tapes on the hereinabove described property be, and the same is hereby, denied based upon the findings of fact set forth in Resolution No. PC79 -61 which are hereby adopted by the City Council. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of May 1979. ATTEST: 41111 ,.3 CIT CLERK OF E CITY OF ANAHEIM JLW: fm ATTY -58 (Page 2 of 2 Pages) MAYOR OF TH ITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -277 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of May, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -277 on the 15th day of May, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of May, 1979. CITY CL OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution. No. 79R -277 duly passed and adopted by the Anaheim City Council on May 15, 1979.