78-211RESOLi1TION N0. 7$R-211
A RESOLilTION OF THE CITY COIIPICII, OF THE CITY
OF ANAHEIM DENYING CONnITIONAL USE PEP,MIT N0.
1802 .
"~~' WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from AbSIL SHAB, owner; and E.W.A.P., INC., agent to permit an
adult bookstore with a waiver of the required minimum number of
off-street parking spaces on certain real property located at
242 East Lincoln Avenue, Anaheim, California and legally de-
scribed as:
LOT 11 Iid BLOCK "B" OF THE CENTER TRACT, IN THE CITY
OF ANAHEIT=7, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER P~1AP RECORDED IN BOOK 14 PAGE 13 OF 1~1ISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Ha11 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. PC78-32, denying Conditional Use
Permit No. 1802; 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 Conunission 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 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
IdHEREAS, 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 all of
the conditions and criteria set forth in Section 18.03.030.030 of
the Anaheim Municipal Code are not present and, therefore, that
Conditional Use Permit No. 1802 should be denied for the following
reasons:
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ATTY-58 (Page 1 of 2 Pages)
1. That the evidence presented has failed to establish that
the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in cahich it is proposed
to be located; on the contrary, a preponderance of the evidence in-
dicates that said use would adversely affect other land uses in tine
area; and
2. That the evidence presented has failed to establish that
the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not det-
rimental to the particular area nor to the peace, health, safety
and general welfare; on the contrary, a preponderance of the evi-
dence indicates that the proposed use has inadequate off-street
parking and that the par}ping congestion created by the proposed use
would be detrimental to the particular area; and
3. That the evidence presented has failed to establish that
the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry
the traffic in the area; on the contrary, a preponderance of the
evidence indicates that the proposed use would cause traffic con-
gestion in the area due to the lack of adequate off-street parking
facilities for such use; and
4. That the evidence presented has failed to establish that
the granting of the conditional use permit would not be detrimental
to the peace, health, safety and general welfare of the citizens
of the City of Anaheim; and
WHEREAS, the City Council does further find that the
applicant has failed to present any evidence as required by Section
18.03.040.030 of the Anaheim Municipal Code to justify approval of
a waiver of the off-street parking requirements contained in Section
18.06.060.022 of the Anaheim Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
denying Conditional Use Permit No. 1802 be, and they same is hereby,
sustained and that the request of AMIL SHAB, owner; and E.FT.A.P.,
INC., agent, to permit an adult bookstore with a waiver of the re-
quired minimum number of off-street parking spaces. on the herein-
above described property be, and the same is hereby, denied.
THE FOREGOING RESOLUTION is approved an ado ted by the
City Council of the City of Anaheim this 4th d f A il, 1978.
l~l ~ C.~°'`t _
ATTEST:
~C.%
CITY CLERK OF TH CITY OF ANAHEIM
E
JLW:fm -2-
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. 78R-211 was introduced and adopted at a regular
meeting provided by law,. of the City Council of the City of Anaheim held on
the 4th day of April, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 78R-211 on the 4th day of April, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of April, 1978.
_ J
1 J .'
CITY CLERK OF THE CI' OF ANAHEIM- -
(SEAL)
I, LINDA D. icGj3ERTS, City Clerk of.the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R-211 duly passed and adopted
by the Anaheim City Council on April 4, 1978. .
'T CITY CLERK