94-020 RESOLUTION NO. 94R-20
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3657.
WHEREAS, the City Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit on-premise sale and consumption of beer and wine inside an
existing drive-through, fast food restaurant on certain real
property situated in the city of Anaheim, County of Orange, State
of California, described as:
Lots 10, 11 and 12 in Block 1 of the Enterprise
Tract, as shown on a map recorded in Book 4,
Page 89 of miscellaneous maps, Records of
Orange County, California; and
WHEREAS, the Zoning Administrator 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 Zoning Administrator, 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 her Decision No. 2A 94-01 approving Conditional
Use Permit No. 3657; 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:
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 due to its close proximity to Anaheim Union
High School and St. Boniface Catholic Church and private grade
school which proposed sale of beer and wine for consumption on the
subject property would be detriment to, and incompatible with, such
proximate uses; and
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 due to its close proximity to
Anaheim Union High School and St. Boniface Catholic Church and
private grade school which proposed sale of beer and wine for
consumption on the subject property would be detriment to, and
incompatible with, such proximate uses.
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-premise sale and
consumption of beer and wine inside an existing drive-through, fast
food 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 15th day of February,
1994.
MAYO~ OF THE CITY O~~F ~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
5811.1\JWH[TE\February 17, 1994
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. 94R-20 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 15th day of February, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R~20
on the 16th day of February, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of February, 1994.
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. 94R-20 was duly passed and adopted by the City Council of the City of
Anaheim on February 15, 1994.
CITY CLERK OF THE CITY OF ANAHEIM