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RES-1989-427 RESOLUTION NO. 89R-427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3194. 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 from JAMES TON AND AMY TONG, 2744 N. Vista Crest, Orange, CA 92667, owners, and ANUCHA NITTAYANUPARP, 13051 Polomar Street, Westminster, CA 92683, agent to permit a public dance hall and amusement facility with on-sale beer and wine in conjunction with an existing pool hall, and with a waiver of certain provisions of the Anaheim Municipal Code, on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 7, 8, 9, AND 10 OF TRACT NO. 483, AS PER MAP THEREOF RECORDED IN BOOK 17, PAGE 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE 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. PC 89-223 denying Conditional Use Permit No. 3194; 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: CUP NO. 3194 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; 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; and WHEREAS, said application requests a waiver of the following provision(s) of the Anaheim Municipal Code: SECTION 18.06.050.0211 18.06.050.022 18.06.050.0231 18.06.050.0264 and 18.44.066.050 Minimum number of parking spaces l245 requIred: 126 proposed) AND WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that the aforesaid waiver(s) should be denied, for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, said conditional use permit be, and the same is hereby, denied and that the request of the applicant to permit a public dance hall and amusement facility with on-sale beer and wine in conjunction with an existing pool hall with a waiver of certain provisions of the Anaheim Municipal Code 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. CUP NO. 3194 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of November, 1989. ~11;~~~ ATTEST: cI~1F 7Ic~IM JLW:db 3373L 110989 CUP NO. 3194 CLERK 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. 89R-427 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of November, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 89R-427 on the 14th day of November, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of November, 1989. ~" /( S=~ 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. 89R-427 duly passed and adopted by the Anaheim City Council on November 7, 1989. '6~CL ?f ~ CITY CLERK OF THE CITY OF ANAHEIM