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97-058RESOLUTION NO. 97R -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3908, WITHOUT PREJUDICE. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a 122 -unit, three story, 42 -foot high motel on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 5,6 AND 7 OF PARCEL MAP N0. 84 -230, AS SHOWN ON A MAP FILED IN BOOK 196, PAGES 33, 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 4, AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 138 RECORDED AUGUST 7, 1985 AS INSTRUMENT NO. 85- 292477 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; 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. 97 -20, denying Conditional Use Permit No. 3908; 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, prior to conclusion of said public hearing, the applicant withdrew said application, and the appeal, from further consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, denied for the reasons hereinabove specified, without prejudice to any future application. 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 6th day of May, 1997. ATTEST 0022965.01 CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF TH CITY Or ANAHEIM 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. 97R -58 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of May, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -58 on the 6th day of May, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of May, 1997. (SEAL) fyiLAA (at rc CI CLERK OF THE CITY OF ANAHE M I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -58 was duly passed and adopted by the City Council of the City of Anaheim on May 6, 1997. CITY CLERK OF THE CITY OF ANAHEIM