1982-102
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RESOLUTION NO. 82R-I02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONnITIONAt USE PERMIT NO.
2284 .
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WHEREAS, the City Planning Co~ission of the City of
Anaheim did receive an application for ~ conditional use permit
from JOSEPH DI RUGGIERO, owner, to per~it a cocktail lounge in
the CL (Commercial Limited) Zone with a waiver of the minimum
number of required off-street parking s~aces on certain property
located within the City of Anaheim, Cou~ty of Orange, State of
California, legally described as:
LOTS 1, 2, 3, and 4 of Tract 2701, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BoqK 115, PAGE 5
AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, and
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ATTY--58 (Page 1 of 2 Pages)
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WHEREAS, the City Planning Commission did hold a puhlic
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
mIEREAS, 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. 82-1 , qrantinq
Conditional Use Permit No. 2284 ; an~
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 pla~e fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested th~rein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council do~s find, after careful con-
sideration of the action of the Planning Commission and all
evidence and testimony received at saiq 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:
1. That the proposed use will a~versely affect the adjoining
land uses and the growth and developmen!t of the area in which it is
proposed to be located; and
2. 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; and
3. 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
granting Conditional Use Permit No. 2284 be, and the same is hereby,
reversed for the reasons hereinabove specified, and that the re-
quest of JOSEPH DI RUGGIERO, owner, to permit a cocktail lounge in
the CL Zone with a waiver of minimum nu~ber of required off-street
parking spaces be, and the same is here~y, denied.
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DEPUTY
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BE IT FURTHER RESOLVED that notice is hereby given to the
applicant that the time within which judicial review of the afore-
said decision must be sought is governed by the provisions of Section
1094.6 of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23 day of February, 1982.
ATTEST: LINDA D. ROBERTS, CITY CLERK
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CiTY CLERK OF THE CITY 0 ANAHEIM
JLW : fIn
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STATE OF CALIFORNIA )
COUJlTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBE~S, City Clerk of the City of Anapeim, do hereby certify that
the foregoing Resolution No. 82R-102 was introducep and adopted at a regular
meeting provided by law, of the City Council of th~ City of Anaheim held on
the 23rd day of February, 1982, by the following v6te of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSKNT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 82R-102 on the 23rd day of February~ 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of February, 1982.
LINDA D. ROBERTS, CITY CLERK
BY~zrSd
(SE!L)
I, LINDA D. ROBERTS, City Clerk of the City of Anapeim, do hereby certify that
the foregoing is the original of Resolution No. 82~-l02 duly passed and adopted
by the Anaheim City Council on February 23, 1982.
LINDA D. ROBERTS, CITY CLERK
BY
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UPUTY CITY CLERK
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