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97-154RESOLUTION NO. 97R -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3945. 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 church and an elementary school for up to 49 children in an existing 12,400 -sq. ft. office building on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP NO. 90 -179, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 279 PAGES 45, 46 AND 47 OF PARCEL 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. PC97 -86 granting Conditional Use Permit No. 3945; 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 because: a. The proposed use would be located adjacent to the existing Phoenix Club which conducts indoor and outdoor social events, including carnivals, and the proposed church and school use would be incompatible with such existing use. b. The Phoenix Club possesses an alcoholic beverage license for the on- premise sale and consumption of alcoholic beverages which license and activity is incompatible with, and could be adversely affected by, the proposed church and school use. c. The area in which the proposed church and school is proposed to be located is planned for uses which includes alcoholic beverage sales which uses could be denied an ABC license to permit such sales if the proposed church and school use is approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, reversed and that the request of the applicant to permit 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of August, 1997. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 0024092.01 2 MAYOR OF THE CITY OF EIM 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 -154 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of August, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez NOES: MAYOR /COUNCIL MEMBERS: Tait TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Daly (abstained) AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -154 on the 12th day of August, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of August, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -154 was duly passed and adopted by the City Council of the City of Anaheim on August 12th, 1997. `ZC CITY CLERK OF THE CITY OF ANAHEIM