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1985-349RESOLUTION NO. 85R-349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2696. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from THRIFTY OIL COMPANY, owner, to permit a convenience market with gasoline sales and off-sale beer and wine with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 43 PAGE 9 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 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. PC85-173 denying Conditional Use Permit No. 2696; 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 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 because of the proposed sales of alcoholic beverages in take-out containers to automobile drivers; and 2. 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 because of the proposed sale of alcoholic beverages in take-out containers to automobile drivers; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.61.063.011 - Minimum landscaped setback. (10 feet required in front setback; 0 to 17 feet proposed). WHEREAS, the City Council does find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the conditions of Section 18.03.040.030 of the Anaheim Municipal Code are not present, and that said waivers should be denied, for the following reasons: 1. That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 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 THRIFTY OIL COMPANY to permit a convenience market with gasoline sales and off-sale beer and wine on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code 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- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6t day of August, 1985. i~~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~ //~ CITY CLERK OF THE CITY OF ANAHEIM JLW : f m 4212M 091785 -3- CLERK 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. 85R-349 was introduced and adopted at a regular '~"°` meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of August, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay and Overholt NOES: COUNCIL MEMBERS: Pickler and Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-349 on the 6th day of August, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 1985. f ~ _ ~ °c.~~-----~ CITY CLERK OF THE CITY 0 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. 85R-349 duly passed and adopted by the Anaheim City Council on August 6, 1985. CITY CLERK