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99-028RESOLUTION N0. 99R-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CONDITIONAL -- USE PERMIT NO. 3269 AS SET FORTH IN RESOLUTION NO. 90R-197 AS PREVIOUSLY AMENDED. WHEREAS, the City Council Planning Commission of the City of Anaheim heretofore adopted Resolution No. 90R-197 approving Conditional Use Permit No. 3269, subject to certain conditions specified therein; and WHEREAS, said conditions of approval have heretofore been amended by the City Council by its Resolutions 90R-317, 90R- 386, and 99R-27; and WHEREAS, the permittee has requested a further amendment to said conditions of approval to increase the number of permitted days of operation; and WHEREAS, the City Council held a duly noticed public hearing on February 2, 1999, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval is not reasonably necessary to protect the public peace, health, safety or general welfare, nor necessary to permit reasonable operation under said Conditional Use Permit No. 3269 based upon the following findings: 1. That the request to amend a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.091 and 18.03.092. 2. That the proposed request is hereby denied on the basis that increasing the number of business days from three (Fridays, Saturdays and Sundays) plus holidays, to seven (the entire week) will adversely affect the adjoining land uses of the area in which the dance hall is located due to the proximity of the business to residences and the noise generated by such business which occurs in the late night or early morning hours and disturbs the quiet enjoyment of property by the nearby residents. 3. That the proposed amendment is not reasonably necessary to protect the public peace, health, safety or general welfare, nor is it necessary to permit reasonable operation under the conditional use permit as originally granted and subsequently amended because any increase in the number of days the business is operated would not be reasonable due to the incompatibility between the late night hours of the business (and the noise generated by the business and its patrons)and the reasonable need~- for quiet in the surrounding residential neighborhood. 4. That six people indicated their presence at the public hearing in opposition to the proposed amendment; and that no correspondence was received in opposition to the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3269 as approved by Resolution No. 90R-197, and as heretofore amended, be, and the same are hereby, affirmed. BE IT FURTHER RESOLVED that said petition to amend said conditions of approval of Conditional Use Permit No. 3269 be, and the same is hereby, denied and that Resolution No. 90R-197, as heretofore amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of February, 1999. ~~ MAYOR OF THE CITY OF NAHEIM ATTEST: --D-v~.~,( ~~1 CITY CLERK OF HE CITY OF ANAHEIM` 29290.1 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. 99R-28 was introduced and adopted at a regular meeting provided by IaN, of the Anaheim City Council held on the 2nd day of February 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 28 on the 2nd day of February, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of February, 1999. 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. 99R-28 was duly passed and adopted by the City Council of the City of Anaheim on February 2nd 1999. ~~ ~ ~ ~~~ CITY CLERK OF THE CITY OF ANAHEIM