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86R-136 RESOLUTION NO. 86R-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING CONDITIONAL USE PERMIT NO. 617 AND PLANNING COMMISSION NO. 1310 _ SERIES 1964-65. WHEREAS, Conditional Use Permit No. 617 (Resolution No. l31-Series 1964-65) was approved by the Anaheim City Planning Commission on September 22, 1964, to establish an Italian restaurant with on-sale beer (945 South Knott Street) (currently operated as Radio City) and a second restaurant with on-sale liquor (at 919 South Knott Street); with a third part of the request, for a "Hofbrau" with beer being denied on property consisting of approximately 1.6 acres located north and west of the northwest corner of Ball Road and Knott Street, and further described as 919 - 959 South Knott Street; and WHEREAS, on January 17, 1986, the City of Anaheim received a petition containing sixty-three (63) signatures from the management and tenants of the Del Arno Apartments located immediately north of subject property requesting that the conditional use permit for Radio City be revoked; 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. PC86-52 modifying Conditional Use Permit No. 617 to terminate use of the restaurant with on-sale beer and wine (currently operated as "Radio City" at 945 South Knott Street) and allowing only the restaurant with on-sale liquor, currently operated as Kartoons and Kapers (919 South Knott Street) to remain in use; 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 dUly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, after considering all the evidence and testimony offered at said public hearing, as well as the recommendation of the City Planning Commission, the City Council does hereby find that the permittee has exercised Conditional Use Permit No. 617 so as to be detrimental to the public health or safety, or so as to constitute a nuisance as follows: .......- ...~~.. ........ "'l.....,... .. .................11.:. ..+.------k.&'r~.-.........-__----..-........M_.~I.~.-............""'.....__....._,...~. 1. That a petition containing sixty-three (63) signatures from the management and tenants at 909 South Knott Street was received requesting revocation of said conditional use permit. 2. That a letter was submitted from the operator of an adjacent service station at 3501 West Ball Road, requesting that the Radio City not be allowed to operate at this location based on problems with vandalism, theft, parking, etc. 3. That based on reports of eighty-eight (88) police incidents at this location, the Anaheim Police Department recommended that said conditional use permit be revoked because the business has proven to be detrimental to the health, safety and welfare of the public and constitutes a nuisance. 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 modifying said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 617 and Planning Commission Resolution No. 1310 - Series 1964-65 be, and the same are hereby, modified to terminate use of the restaurant with on-sale beer and wine (currently operated as "Radio City" at 945 South Knott Street) and allowing only the restaurant with on-sale liquor, currently operated as Kartoons and Kapers (919 South Knott Street) to remain in use THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of April, 1986. MAYO~ ~IM ATTEST: /'; ~7l~ CITY CLERK OF THE. CITY OF ANAHEIM JWF: fm 5182M -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-136 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of April, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-136 on the 8th day of April, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1986. ~?t~ 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 1s the original of Resolution No. 86R-l36 duly passed and adopted by the Anaheim City Council on April 8, 1986. ~<<~ ~ CITY CLERK