99-028RESOLUTION N0. 99R-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING AN AMENDMENT TO CONDITIONAL --
USE PERMIT NO. 3269 AS SET FORTH IN RESOLUTION
NO. 90R-197 AS PREVIOUSLY AMENDED.
WHEREAS, the City Council Planning Commission of the
City of Anaheim heretofore adopted Resolution No. 90R-197
approving Conditional Use Permit No. 3269, subject to certain
conditions specified therein; and
WHEREAS, said conditions of approval have heretofore
been amended by the City Council by its Resolutions 90R-317, 90R-
386, and 99R-27; and
WHEREAS, the permittee has requested a further
amendment to said conditions of approval to increase the number
of permitted days of operation; and
WHEREAS, the City Council held a duly noticed public
hearing on February 2, 1999, at which hearing the City Council
did receive and consider evidence, both oral and documentary,
relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval is not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under said Conditional Use Permit No. 3269 based upon the
following findings:
1. That the request to amend a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.03.091 and
18.03.092.
2. That the proposed request is hereby denied on the basis
that increasing the number of business days from three (Fridays,
Saturdays and Sundays) plus holidays, to seven (the entire week)
will adversely affect the adjoining land uses of the area in
which the dance hall is located due to the proximity of the
business to residences and the noise generated by such business
which occurs in the late night or early morning hours and
disturbs the quiet enjoyment of property by the nearby residents.
3. That the proposed amendment is not reasonably necessary to
protect the public peace, health, safety or general welfare, nor
is it necessary to permit reasonable operation under the
conditional use permit as originally granted and subsequently
amended because any increase in the number of days the business
is operated would not be reasonable due to the incompatibility
between the late night hours of the business (and the noise
generated by the business and its patrons)and the reasonable need~-
for quiet in the surrounding residential neighborhood.
4. That six people indicated their presence at the public
hearing in opposition to the proposed amendment; and that no
correspondence was received in opposition to the proposal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore
imposed in Conditional Use Permit No. 3269 as approved by
Resolution No. 90R-197, and as heretofore amended, be, and the
same are hereby, affirmed.
BE IT FURTHER RESOLVED that said petition to amend said
conditions of approval of Conditional Use Permit No. 3269 be, and
the same is hereby, denied and that Resolution No. 90R-197, as
heretofore amended, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day of February,
1999.
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MAYOR OF THE CITY OF NAHEIM
ATTEST:
--D-v~.~,( ~~1
CITY CLERK OF HE CITY OF ANAHEIM`
29290.1
2
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. 99R-28 was introduced and adopted at a regular meeting provided by IaN, of the
Anaheim City Council held on the 2nd day of February 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: Kring
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
28 on the 2nd day of February, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 2nd day of February, 1999.
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. 99R-28 was duly passed and adopted by the City Council of the City of
Anaheim on February 2nd 1999.
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CITY CLERK OF THE CITY OF ANAHEIM