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1981-471RESOLUTION NO.81R -471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2230 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EARL L. SINGLETON and JAMES CLAYTON PEACOCK, owners, and ATLANTIC RICHFIELD COMPANY and CHARLES V. HICKS, agent, to permit a convenience market with gasoline sales on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AND PARTLY IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI- FORNIA, AS PER 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 INTERSECTION OF THE CENTER LINE OF BROADWAY WITH THE CENTER LINE OF EUCLID AVENUE, AS SAID CENTER LINES ARE SHOWN ON A MAP OF TRACT NO. 2402, RECORDED IN BOOK 79 PAGES 37, 38 AND 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89 02' 50" WEST 203.00 FEET ALONG THE CENTER LINE OF SAID BROADWAY; THENCE SOUTH 0 32' 15" WEST 155.00 FEET PARALLEL WITH THE CENTER LINE OF SAID EUCLID AVENUE; THENCE SOUTH 89 02' 50" EAST 30.00 FEET PARALLEL WITH THE CENTER LINE OF SAID BROADWAY; THENCE SOUTH 0 32' 15" WEST 40.00 FEET PARALLEL WITH THE CENTER LINE OF SAID EUCLID AVENUE; THENCE SOUTH 89 02' 50" EAST 173.00 FEET PARALLEL WITH THE CENTER LINE OF SAID BROADWAY TO THE CENTER LINE OF SAID EUCLID AVENUE; THENCE NORTH 0 32' 15" EAST 195.00 FEET ALONG LAST SAID CENTER LINE TO THE POINT OF BEGIN- NING. EXCEPT THE NORTH 45.00 FEET THEREOF INCLUDED WITHIN BROADWAY. ALSO EXCEPT THE EAST 53.00 FEET THEREOF INCLUDED WITHIN EUCLID AVENUE. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 27 PAGE 11 OF RECORD OF SUR- VEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 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. PC81 157, denying Conditional Use Permit No. 2230 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 hereby finds as follows: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code; and 2. 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 3. That the size and shape of the site proposed 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 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit will 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 Conditional Use Permit No. 2230 be, and the same is hereby, affirmed, and that the request of EARL L. SINGLETON and JAMES CLAYTON PEACOCK, owners, and ATLANTIC RICHFIELD COMPANY and CHARLES V. HICKS, agent, to permit a convenience market with gasoline sales on the hereinabove described real property by, and the same is hereby, denied. BE IT FURTHER RESOLVED 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 6th day .f- October, 1981. ATTEST: IT CLERK OF THE CITY OF ANAHEIM JLW fm 'YIR OF THE C ANA EIM 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. 81R -471 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 October, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R -471 on the 6th day of October, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of October, 1981. (SEAL) CITY C ERK OF THE CI 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. 81R -471 duly passed and adopted by the Anaheim City Council on October 6, 1981.