90-429 RESOLUTION NO. 90R-429
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3347.
WHEREAS, the City Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit on-sale of alcoholic beverages, including a separate bar
with dancing, in an existing restaurant on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THE EAST 390.82 FEET OF THE EAST 10 ACRES OF
THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN
ON A MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS 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. PC90-248 granting Conditional
Use Permit No. 3347; 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:
DNYG CUP 3347
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 for the following reasons:
a. Said area is oversaturated with on-sale alcoholic
beverage businesses in that 34 of such businesses are located
in the immediate area, including 7 out of 13 businesses in the
same block as the proposed use; and
b. Said on-sale alcoholic beverage businesses have resulted
in increased crime, refuse and deterioration of the area; and
c. Said proposed use is inimical to the peace, health,
safety and welfare of other uses in the area, including the
residential properties, church, three grade schools and girls'
high school in the vicinity of said proposed use.
2. 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 for the reasons set forth in
the proceeding paragraph.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that said conditional use permit be, and the same
is hereby, denied for the reasons hereinabove specified, and that
the request of said applicant to permit on-sale of alcoholic
beverages, including a separate bar with dancing, in an existing
restaurant on the hereinabove described real property 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 4th day of December, 1990.
~,'MAYOR OF THE ~IT¥~ ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEI~
JLW:db
R34C3347.113
DNYG CUP 3347
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. 90R-429 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 December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-429 on the 12th day of December, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of December, 1990.
(SEAl,)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R~429 duly passed and
adopted by the Anaheim City Council on December 4, 1990.
CITY CLERK OF THE CITY OF ANAHEIM