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91-029 RESOLUTION NO. _~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3354. WHEREAS, the city Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an 8,081 square-foot commercial retail center on certain portions of the real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 139" RECORDED NOVEMBER 1, 1985 AS INSTRUMENT NO. 85-423458 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1, 2 AND 3 AS SHOWN ON A MAP FILED IN BOOK 220, PAGES 42 AND 43 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 196, PAGES 8 AND 9 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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. PC90-280 granting Conditional Use Permit No. 3354; 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 CUP $3354 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 an 8,081 square-foot 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of February, 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl/R34CUP3354.113/020791 - 2 - CUP ~3354 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. 91R-29 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of February, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the city of Anaheim signed said Resolution No. 91R-29 on the 11th day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of February, 1991. CITY CLERK OF THE CITY OF 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. 91R-29, duly passed and adopted by the City Council of the City of Anaheim on February 5, 1991. CITY CLERK OF THE CITY OF ANAHEIM