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91-204 RESOLUTION NO. Q]p-gn& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3378. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from to permit a truck rental service as an accessory use to an existing service station on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 28 OF ANAHEIM EXTENSION AS SHOWN ON A MAP BY WM. HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF BALL ROAD WITH THE INTERSECTION TO THE CENTER LINE OF HARBOR BOULEVARDS, AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED MARCH 28, 1930 IN BOOK 372, PAGE 67 OF OFFICIAL RECORDS; THENCE NORTH 89° 46' 30" EAST ALONG SAID WESTERLY PROLONGATION OF SAID NORTH LINE OF BALL ROAD, 150 FEET; THENCE NORTH, AT RIGHT ANGLES TO SAID NORTH LINE OF BALL ROAD TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO EDWIN EMIL KETTLER AND WIFE, RECORDED DECEMBER 17, 1951 IN 2264, PAGE 590 OF OFFICIAL RECORDS; THENCE SOUTH 89° 46' 30" WEST ALONG SAID NORTH LINE TO SAID CENTER LINE OF HARBOR BOULEVARD; THENCE SOUTH 11° 07' 30" WEST ALONG SAID CENTER LINE 158.48 FEET TO THE POINT OF BEGINNING. EXCEPTING ANY INTEREST IN THE SOUTHERLY 20 FEET THEREOF CONVEYED TO THE CITY OF ANAHEIM BY DEED DATED DECEMBER 3, 1953 AND RECORDED DECEMBER 11, 1953 IN BOOK 2632, PAGE 187 OF OFFICIAL RECORDS; 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 CUP #3378 hearing, did adopt its Resolution No. PC91-31 denying Conditional Use Permit No. 3378; 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; 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 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 truck rental service as an accessory use to an existing service station 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 B CUP #3378 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of An?~this 18th day of June, 1991. MAYO~F THE CITY OF ANAHEIM ATTEST: ~3~ CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3378.12 062091 - 3 - CUP #3378 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-204 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 18th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 91R-204 on the 19th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the city of Anaheim this 19th day of June, 1991. (SEAL) I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-204, duly passed and adopted by the City Council of the City of Anaheim on June 18, 1991. CITY CLERK OF THE CITY OF ANAHEIM