RES-1989-427
RESOLUTION NO.
89R-427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3194.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from JAMES TON AND AMY TONG, 2744 N. Vista Crest, Orange, CA
92667, owners, and ANUCHA NITTAYANUPARP, 13051 Polomar Street,
Westminster, CA 92683, agent to permit a public dance hall and
amusement facility with on-sale beer and wine in conjunction with
an existing pool hall, and with a waiver of certain provisions of
the Anaheim Municipal Code, on certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as:
LOTS 7, 8, 9, AND 10 OF TRACT NO. 483, AS PER MAP
THEREOF RECORDED IN BOOK 17, PAGE 20 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE 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. PC 89-223 denying
Conditional Use Permit No. 3194; 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:
CUP NO. 3194
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; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTION 18.06.050.0211
18.06.050.022
18.06.050.0231
18.06.050.0264
and 18.44.066.050
Minimum number of parking spaces
l245 requIred: 126 proposed)
AND WHEREAS, the City Council does further 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 waiver(s), that
all of the conditions set forth in Section 18.06.080 of the
Anaheim Municipal Code are not present, and that the aforesaid
waiver(s) should be denied, for the following reasons:
1. That the variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect
adjoining land uses; and
2. That the granting of the variance(s) will be
detrimental to the peace, health, safety or 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, for the reasons hereinabove stated,
said conditional use permit be, and the same is hereby, denied
and that the request of the applicant to permit a public dance
hall and amusement facility with on-sale beer and wine in
conjunction with an existing pool hall with a waiver of certain
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.
CUP NO. 3194
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of November,
1989.
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ATTEST:
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110989
CUP NO. 3194
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. 89R-427 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of November, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-427 on the 14th day of November, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of November, 1989.
~" /( S=~
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. 89R-427 duly passed and
adopted by the Anaheim City Council on November 7, 1989.
'6~CL ?f ~
CITY CLERK OF THE CITY OF ANAHEIM