80R-455 RESOLUTION NO. 80R -455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
2103 •
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from RICHARD S. MACKENSEN AND ELSIE MACKENSEN, owners, and DONALD
MARSHALL, agent, to permit an adult book store on real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
Lot 4 of Block "C" of the "Center Tract ", in the
City of Anaheim as per map recorded in book 14, page
13, Miscellaneous Records, in the office of the
county recorder of Los Angeles County.
EXCEPTING THEREFROM the Westerly 3.79 feet thereof; and
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ATTY -58 (Page 1 of 2 Pages)
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. PC80 -142, denying
Conditional Use Permit No. 2103 ; 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 con-
sideration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. That the proposed use is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code
Section 18.45.050.040 and 18..89.030.010 to wit: to retain an
adult bookstore.
2. That the proposed use is hereby denied on the basis that
approval would be in violation of Anaheim Municipal Code Section
18.89.030.020 in that subject property is located within 500 feet
of residentially zoned lots, within 1000 feet of a church utilized
by minors, and within 1000 feet of another adult entertainment
business as defined in Section 18.89.020.
3. 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.
4. 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-6f the citizens of the City of
Anaheim.
5. 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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission deny-
ing Conditional Use Permit No. 2103 be, and the same is hereby, denied
M
and that the request of RICHARD S. MACKENSEN AND ELSIE MACKENSEN,
owners, and DONALD MARSHALL, agent, to permit an adult bookstore on
the hereinabove described property be, and the same is hereby, denied.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of October, 1980.
/ OF
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'YOR OF THE I OF ANAHEIM
ATTEST:
CIT CLERK OF TAE CITY OF ANAHEIM
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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. 80R -455 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 October, 1980, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R -455 on the 7th day of October, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of October, 1980.
i
4111t: _ : 2 _ r te'
CITY LERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 80R -455 duly passed and adopted
by the Anaheim City Council on October 7, 1980.
411h:22 / PAFAPAo
CITY CLERK