86R-136
RESOLUTION NO. 86R-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM MODIFYING CONDITIONAL USE PERMIT
NO. 617 AND PLANNING COMMISSION NO. 1310 _
SERIES 1964-65.
WHEREAS, Conditional Use Permit No. 617 (Resolution No.
l31-Series 1964-65) was approved by the Anaheim City Planning
Commission on September 22, 1964, to establish an Italian
restaurant with on-sale beer (945 South Knott Street) (currently
operated as Radio City) and a second restaurant with on-sale
liquor (at 919 South Knott Street); with a third part of the
request, for a "Hofbrau" with beer being denied on property
consisting of approximately 1.6 acres located north and west of
the northwest corner of Ball Road and Knott Street, and further
described as 919 - 959 South Knott Street; and
WHEREAS, on January 17, 1986, the City of Anaheim
received a petition containing sixty-three (63) signatures from
the management and tenants of the Del Arno Apartments located
immediately north of subject property requesting that the
conditional use permit for Radio City be revoked; 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. PC86-52 modifying
Conditional Use Permit No. 617 to terminate use of the restaurant
with on-sale beer and wine (currently operated as "Radio City" at
945 South Knott Street) and allowing only the restaurant with
on-sale liquor, currently operated as Kartoons and Kapers (919
South Knott Street) to remain in use; 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 dUly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, after considering all the evidence and
testimony offered at said public hearing, as well as the
recommendation of the City Planning Commission, the City Council
does hereby find that the permittee has exercised Conditional Use
Permit No. 617 so as to be detrimental to the public health or
safety, or so as to constitute a nuisance as follows:
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1. That a petition containing sixty-three (63) signatures
from the management and tenants at 909 South Knott Street was
received requesting revocation of said conditional use permit.
2. That a letter was submitted from the operator of an
adjacent service station at 3501 West Ball Road, requesting that
the Radio City not be allowed to operate at this location based on
problems with vandalism, theft, parking, etc.
3. That based on reports of eighty-eight (88) police
incidents at this location, the Anaheim Police Department
recommended that said conditional use permit be revoked because
the business has proven to be detrimental to the health, safety
and welfare of the public and constitutes a nuisance.
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 modifying said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 617 and Planning Commission Resolution
No. 1310 - Series 1964-65 be, and the same are hereby, modified to
terminate use of the restaurant with on-sale beer and wine
(currently operated as "Radio City" at 945 South Knott Street) and
allowing only the restaurant with on-sale liquor, currently
operated as Kartoons and Kapers (919 South Knott Street) to remain
in use
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 8th day of April, 1986.
MAYO~ ~IM
ATTEST:
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CITY CLERK OF THE. CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-136 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of April, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-136 on the 8th day of April, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of April, 1986.
~?t~
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 1s the original of Resolution No. 86R-l36 duly passed and
adopted by the Anaheim City Council on April 8, 1986.
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CITY CLERK