97-154RESOLUTION NO. 97R -154
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3945.
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
to permit a church and an elementary school for up to 49 children
in an existing 12,400 -sq. ft. office building on certain real
property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAP NO. 90 -179, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 279
PAGES 45, 46 AND 47 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. PC97 -86 granting Conditional
Use Permit No. 3945; 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:
a. The proposed use would be located adjacent to the
existing Phoenix Club which conducts indoor and outdoor social
events, including carnivals, and the proposed church and
school use would be incompatible with such existing use.
b. The Phoenix Club possesses an alcoholic beverage
license for the on- premise sale and consumption of alcoholic
beverages which license and activity is incompatible with, and
could be adversely affected by, the proposed church and school
use.
c. The area in which the proposed church and school is
proposed to be located is planned for uses which includes
alcoholic beverage sales which uses could be denied an ABC
license to permit such sales if the proposed church and school
use is approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, reversed and that the
request of the applicant to permit 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12th day of August, 1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0024092.01
2
MAYOR OF THE CITY OF
EIM
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. 97R -154 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 12th day of August, 1997, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez
NOES: MAYOR /COUNCIL MEMBERS: Tait
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Daly (abstained)
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -154 on the 12th day of August, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 12th day of August, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -154 was duly passed and adopted by the City Council of
the City of Anaheim on August 12th, 1997.
`ZC
CITY CLERK OF THE CITY OF ANAHEIM