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78-211RESOLi1TION N0. 7$R-211 A RESOLilTION OF THE CITY COIIPICII, OF THE CITY OF ANAHEIM DENYING CONnITIONAL USE PEP,MIT N0. 1802 . "~~' WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from AbSIL SHAB, owner; and E.W.A.P., INC., agent to permit an adult bookstore with a waiver of the required minimum number of off-street parking spaces on certain real property located at 242 East Lincoln Avenue, Anaheim, California and legally de- scribed as: LOT 11 Iid BLOCK "B" OF THE CENTER TRACT, IN THE CITY OF ANAHEIT=7, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER P~1AP RECORDED IN BOOK 14 PAGE 13 OF 1~1ISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Ha11 in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC78-32, denying Conditional Use Permit No. 1802; 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 Conunission 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 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 IdHEREAS, the City Council does find, after careful con- sideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present and, therefore, that Conditional Use Permit No. 1802 should be denied for the following reasons: -1- ATTY-58 (Page 1 of 2 Pages) 1. That the evidence presented has failed to establish that the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in cahich it is proposed to be located; on the contrary, a preponderance of the evidence in- dicates that said use would adversely affect other land uses in tine area; and 2. That the evidence presented has failed to establish that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not det- rimental to the particular area nor to the peace, health, safety and general welfare; on the contrary, a preponderance of the evi- dence indicates that the proposed use has inadequate off-street parking and that the par}ping congestion created by the proposed use would be detrimental to the particular area; and 3. That the evidence presented has failed to establish that the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; on the contrary, a preponderance of the evidence indicates that the proposed use would cause traffic con- gestion in the area due to the lack of adequate off-street parking facilities for such use; and 4. That the evidence presented has failed to establish that the granting of the conditional use permit would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and WHEREAS, the City Council does further find that the applicant has failed to present any evidence as required by Section 18.03.040.030 of the Anaheim Municipal Code to justify approval of a waiver of the off-street parking requirements contained in Section 18.06.060.022 of the Anaheim Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying Conditional Use Permit No. 1802 be, and they same is hereby, sustained and that the request of AMIL SHAB, owner; and E.FT.A.P., INC., agent, to permit an adult bookstore with a waiver of the re- quired minimum number of off-street parking spaces. on the herein- above described property be, and the same is hereby, denied. THE FOREGOING RESOLUTION is approved an ado ted by the City Council of the City of Anaheim this 4th d f A il, 1978. l~l ~ C.~°'`t _ ATTEST: ~C.% CITY CLERK OF TH CITY OF ANAHEIM E JLW:fm -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk.. of the City. of Anaheim, do hereby certify that the foregoing Resolution No. 78R-211 was introduced and adopted at a regular meeting provided by law,. of the City Council of the City of Anaheim held on the 4th day of April, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-211 on the 4th day of April, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of April, 1978. _ J 1 J .' CITY CLERK OF THE CI' OF ANAHEIM- - (SEAL) I, LINDA D. icGj3ERTS, City Clerk of.the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-211 duly passed and adopted by the Anaheim City Council on April 4, 1978. . 'T CITY CLERK